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Duke Lacrosse DA Wins Primary Election

Mike Nifong, Durham County District Attorney, has won the Democratic primary election. Since there is no Republican candidate, he retains his job for another term.

Now that the election is out of the way, maybe he will have time to take a look at the defense photos showing Reade Seligman at the ATM machine at 12:24 am, a critical time period for the alleged rape.

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    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#1)
    by Talkleft Visitor on Wed May 03, 2006 at 01:22:14 AM EST
    Huesof Blue, You wrote:
    Not going on the record with the press is one thing. But keeping a secret from everybody is a different matter. You don't think at least one of these players has told his best friend, girlfriend, or some other buddy their honest account of what happened last night?
    I'm really only interested in whether Seligman and/or Finnerty could have been in the bathroom with the accuser for a long enough time to have caused her rape-like injuries. I don't know how many of the people in the Great Wall would have anything admissible to say about that, but I would bet that not all of them would. Until we know the size of that subset that has relevant information, I'm not sure the question "How hard is it for a large group of people to keep a secret?" is relevant.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#2)
    by Talkleft Visitor on Wed May 03, 2006 at 05:30:48 AM EST
    Ltgesq, You wrote:
    The idea that the only risk these students suffer is the risk of a trial, and the idea that if they are innocent they will be acquitted is simply naive.
    I have seen people convicted when they had 18 alibi witnesses at a church basketball game.
    I've heard of 11 alibi witnesses at a church basketball game leading to a conviction, but mine's probably not a good example, since the most of those alibi witnesses couldn't state that they were paying attention during the game the guy sat out. Here however, we have 40 witnesses saying that "nothing happened." I mean, what could be more open and shut than that? Was your guy innocent, or is he just saying he was? I mean, we do see a lot of that.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#4)
    by inmyhumbleopinion on Wed May 03, 2006 at 05:41:24 AM EST
    EXCLUSIVE: Duke Lacrosse Player Speaks Out for First Time
    The player -- the first one to speak since the scandal broke -- gave 26 "no comments" during the interview. Citing the ongoing investigation, he declined to discuss the alleged victim, her dance partner, and many other issues related to the night of the alleged attack.


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#5)
    by Talkleft Visitor on Wed May 03, 2006 at 05:50:33 AM EST
    inmyhumbleopinion, Also from your link:
    Asked whether there was one thing he and his teammates wanted the public to know, the player said, "Innocent until proven guilty."
    Emphasis mine.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#6)
    by Talkleft Visitor on Wed May 03, 2006 at 06:25:47 AM EST
    Macromaniac quoted the article,
    Asked whether there was one thing he and his teammates wanted the public to know, the player said, "Innocent until proven guilty."
    Does that apply to the accuser, or just to his friends? Oh yeah. Probably just his friends. Well, you know, it's still a good principle, even if it is somewhat difficult to apply outside the courtroom, where everybody qualifies as a defendant.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#7)
    by inmyhumbleopinion on Wed May 03, 2006 at 06:28:08 AM EST
    macromaniac posted:
    inmyhumbleopinion, Also from your link:
    Asked whether there was one thing he and his teammates wanted the public to know, the player said, "Innocent until proven guilty."
    That was his opportunity to acknowledge they are responsible for their coach losing his job and to apologize for their conduct before, during and after that night.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#8)
    by inmyhumbleopinion on Wed May 03, 2006 at 06:31:43 AM EST
    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#9)
    by Talkleft Visitor on Wed May 03, 2006 at 06:47:45 AM EST
    Does that apply to the accuser, or just to his friends? Oh yeah. Probably just his friends.
    It applies to his friends since they are the defendants in this case. While the accuser and the defendants are on trial in the court of public opinion (everyone not directly involved), the defendants are the people answering to charges in criminal court. You are making an extraordinary effort to obfuscate that point.
    That was his opportunity to acknowledge they are responsible for their coach losing his job and to apologize for their conduct before, during and after that night.
    It was also his oppurtunity to tell people like you that his friends are innocent until proven guilty.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#10)
    by Jlvngstn on Wed May 03, 2006 at 06:49:40 AM EST
    IMHO - You have spent a lot of time talking about her putting her life back together, how many of the Duke students were on "the honor roll" and why no mention of that? Intellectuall honesty? PB - You made the assertion that she has overcame "much", prove it. Prove that she overcame more than my adopted brother who was sold for crack at 13 months. Prove that she is more worthy of empathy than the millions in this country who are hungry, without employment and also facing racial strife on a daily basis. Again, this is one unlucky woman getting gang raped twice threatened to be murdered by her husband and on the one night when she decides to steal a cab the police go and mess that up chasing her down. Being the liberal that I am, I am thrilled with the light sentencing she got for that crime and feel that if more judges used that sort of common sense our prison system would not be filled with african americans who committed similar crimes as their white counterparts yet somehow got a much longer sentence. So I am in favor of common sense sentencing. What I am not in favor of is the blanket assumption that these young men committed sexual assault. What I also find deplorable is the comparative reasoning of "blame the victim" here which implies that her psychological and criminal background should be exempt or overlooked in the discussion. After all, several of these men were caught pissing outdoors for chrissake! You remind me of Foxnews, fair and balanced, from your side of the fence.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#11)
    by Talkleft Visitor on Wed May 03, 2006 at 06:55:33 AM EST
    JLV. Seeing as you mention it here is a repost for you. My photo's on that website see, All them pedo's 'n little old me. Everybody think I'm one bad dude, With young ones doing things rude. Why am I famous for taking a pee?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#12)
    by inmyhumbleopinion on Wed May 03, 2006 at 07:02:44 AM EST
    Duke Lacrosse Player Speaks Out The player spoke anonymously with Eyewitness News. Here's my guess

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#13)
    by Bob In Pacifica on Wed May 03, 2006 at 07:09:20 AM EST
    Well, Nifong will be DA for the duration. I am curious, though, what Nifong has said about Seligmann's alibi. I haven't seen any quotes by him directly about that. Wouldn't it be nice to hear, "I plan to examine the information shortly to determine how accurate it is and how it relates to the timeline of the rape"? I mean, the DA is supposed to be searching for truth over and above getting a conviction. I also repeat a question I asked last night: How can Nifong rant about the wall of silence of the lacrosse players and not at least interview the couple of non-lacrosse attendees to the party? Maybe they won't talk either, but why not give it a try? I can't say that the interview with the unnamed player was any more probative than the interview with the AV's ex-husband.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#14)
    by ltgesq on Wed May 03, 2006 at 07:12:20 AM EST
    Not my client, so I couldn't say for sure. I'd say yes based upon what I know. I would imagine you are citing the same case that I am. It got a lot of really inacurate press here in indiana. I know all the lawyers in that case, and the unpublizied facts would make you head spin. My point is that jurors are a real wild card in high profile cases. They will lie about their backgrounds criminal histories, and attitudes to constitutional precepts; they will try to research the case, look up expert testimony, and not actually limit their deliberations to the facts presented in court; And, Jurors i really emotionally charged cases very often will vote for verdicts that will not put them at odds with the opinions of the community at large. I've tried plenty of criminal cases, and I have found that every time my name or my client's name is in the press, it is bad for him. Thus, I file for gag orders immediately. If the prosecutot has taken advantage of the fact a case hasn't been filed yet to shoot off his mouth, I will make a brief statement, and then file my gag request.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#15)
    by Bob In Pacifica on Wed May 03, 2006 at 07:16:02 AM EST
    Wait, wait. If the women danced from midnight to 12:03, walk out, then come back in, then leave at 12:20, when did the rape happen? 12:05 to 12:19? When did the two strippers first walk into the house? What were the strippers doing before midnight? I have seen so many timelines. Is there a complete timeline anywhere?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#16)
    by Bob In Pacifica on Wed May 03, 2006 at 07:23:16 AM EST
    If Finnerty claims to have been at the Cosmic Cantina eating one of those fine burritos that PB has described at the time of the rape, I wonder what kind of corroborating witnesses he has. It would be nice to have four or five friends with him, but it would be better to have a couple of people who worked there, or someone there who wasn't an acquaintance who saw him and could verify that he was there. We can presume that his lawyer is rounding up any witnesses he can. I wonder if Nifong has done anything to nail down witnesses at the Cosmic Cantina as to what they saw. It seems that Nifong has ignored the alibi information from Seligmann so far.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#17)
    by Bob In Pacifica on Wed May 03, 2006 at 07:31:46 AM EST
    Since Nifong still has one indictment to go, what would prevent him from bringing the rest of the attendees in front of a grand jury? Couldn't he give everyone he doesn't suspect immunity and wouldn't they be compelled to say what they know? Could it be because Nifong now realizes he's got a losing case? His physical evidence isn't solid, he can't tie the alleged rape, if it even occurred, to anyone, and because if he did call a grand jury he might reveal that nothing happened? And isn't this last round of DNA tests taking a long time to finish?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#18)
    by Bob In Pacifica on Wed May 03, 2006 at 07:33:26 AM EST
    Anyone: could the alleged rape have happened before midnight? After 12:30?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#19)
    by Bob In Pacifica on Wed May 03, 2006 at 07:37:33 AM EST
    IMHO, the unidentified player seems to have a goiter on the left side of his neck in that silhouette.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#21)
    by chew2 on Wed May 03, 2006 at 07:41:15 AM EST
    IMHO, Do you have Matt Zash's(?) photo? Maybe he was the one who was interviewed. These player interviews (ESPN and this one) have clearly been vetted by their attorneys. From this mornings NYT:
    Thomas D. Morgan, who teaches legal ethics at George Washington University in Washington, said that Mr. Nifong might have used poor judgment in pursuing charges as quickly as he did but that he did not necessarily violate ethical rules that guide what prosecutors can say about a case publicly. He said Mr. Nifong might have solid evidence and feel strongly about the case. "That's a completely different thing than filing motions the day before the election in order to try to essentially trash the person who may be doing the best he can to do the job he's assigned to do," Mr. Morgan said, referring to defense motions filed Monday.
    Perhaps the legal expert was referring to scurilous language in the motion like Nifong was "willing to prostitute the truth.. for personal gain" or that he was "shaking down" the defendant.
    Some voters said Tuesday that they were concerned that Ms. Black's powerful law firm, Clayton, Myrick, McClanahan & Coulter, was trying to install her in the district attorney's office to influence prosecution decisions. Jeremy Roth, 34, said he voted for Mr. Nifong in part because of that worry. "There's a little bit of grandstanding there," Mr. Roth said of Mr. Nifong's role in the rape case. "But I'm voting for Nifong."


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#22)
    by chew2 on Wed May 03, 2006 at 07:48:38 AM EST
    Ltgesq You're a criminal atty. So let me repeat a question which a lot of us have. Q: Could the DA have subpoenaed the alleged camera and photos of the party from the defense attorneys prior to the indictment as part of his investigation? Q: Can the defense withold the camera from inspection, and photos they don't intend to introduce into evidence, from the mandated reciprocal discovery prior to trial?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#23)
    by inmyhumbleopinion on Wed May 03, 2006 at 07:56:32 AM EST
    Jlvngstn posted:
    IMHO - You have spent a lot of time talking about her putting her life back together, how many of the Duke students were on "the honor roll" and why no mention of that?
    Intellectuall honesty?
    I was responding to posts detailing her prior rape report, her hospitalization for a "nervous breakdown," and her four misdemeanor convictions. I said, "She's fallen, but so far, she keeps getting up." If any of the players are convicted, serve their time and parole without incident, return to school and get back on the honor roll I would find that laudable as well. I could question the intellectual honesty of your not including the context in which my statement was made, but my assumption is that it was not intentional on your part.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#24)
    by inmyhumbleopinion on Wed May 03, 2006 at 08:24:32 AM EST
    chew2 asked:
    IMHO,
    Do you have Matt Zash's(?) photo? Maybe he was the one who was interviewed. These player interviews (ESPN and this one) have clearly been vetted by their attorneys.
    Here you go, chew2. My vote is still for Flannery.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#25)
    by ltgesq on Wed May 03, 2006 at 08:27:44 AM EST
    Q: Could the DA have subpoenaed the alleged camera and photos of the party from the defense attorneys prior to the indictment as part of his investigation? Yes. Q: Can the defense withold the camera from inspection, and photos they don't intend to introduce into evidence, from the mandated reciprocal discovery prior to trial? The defense has a duty to turn over any evidence they intend to introduce, but they are not under quite the same duty to disclose information that is detrimental to their case. That is, if they have evidence of a crime handed to them, then they have to turn it over to the proper authorities. They cannot destroy evidence that would be considered material, as that would be destruction of evidence -- even if the cops didn't know about it. I had a law partner -- since deceased -- get handed a bag of dope half an hour before his client walked to court with him. He never really knew what to do with it, so it stayed in his file for 32 years. Information such as witness statements that have been rendered to writing, expert reports or analysis, or anything that is not the personal impressions of the lawyer or statements by the defendant should be produced. If the state either specifically requests the camera or photographs for examination or viewing, the defense then has a duty to make it available to the state. They don't have to send in the photographs, just copies. As to the camera, i suppose that they would negotiate how that is handled so as to ensure no tampering of the information occurred. Many of these rules are specific to the state caselaw. I am just commenting based upon the state of the law in my home state -- which is pretty much similar on these issues as every where else.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#26)
    by inmyhumbleopinion on Wed May 03, 2006 at 08:38:16 AM EST
    Thanks, Ltgesq.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#27)
    by chew2 on Wed May 03, 2006 at 08:40:20 AM EST
    IMHO,
    my assumption is that it was not intentional on your part
    LOL! Be sure not to use the word "preppy", unless you use a full caveat, otherwise you'll be attacked for being unfair to those Duke team members. His PC antenna are really sensitive. Yeah, the photo of Matt doesn't seem as close a match.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#28)
    by chew2 on Wed May 03, 2006 at 08:44:28 AM EST
    ltsesq, Thanks much. If Nifong had the power to subpoena the camera and photos then I have to repeat my criticism of him for not doing so prior to seeking an indictment.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#29)
    by Jlvngstn on Wed May 03, 2006 at 08:57:40 AM EST
    IMHO - Relative to your posts and the cumulative understanding of them, one can only surmise that you are intellectually dishonest at worst or cagey at best. I think that is one of my favorite things about this site, you get to see people dribbling out of both sides of their mouth. Chew2 - I guess I take preppy in your context the same as I would take "rappers" in a similar context. Besides, how could I ever pick on a guy who names hisself after a hairy star wars character.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#30)
    by sarcastic unnamed one on Wed May 03, 2006 at 09:40:02 AM EST
    Posted by Bob In Pacifica May 2, 2006 08:42 PM Wait. Someone said that she got pregnant by another man while she was married. Was the other child his? Maybe he didn't care about child support at all.
    My understanding is that she has two children and both of them were fathered by the same guy, that she was never married to that guy, and that she got pregnant with her first child while still married.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#31)
    by ding7777 on Wed May 03, 2006 at 09:53:22 AM EST
    re Reade Seligman at the ATM machine photos: #1 - a fuzzy face #2 - an arm #3 - ???? #4 - a hand how can these prove it was Seligman using the ATM?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#32)
    by inmyhumbleopinion on Wed May 03, 2006 at 10:27:17 AM EST
    Jlvngstn posted:
    IMHO - Relative to your posts and the cumulative understanding of them, one can only surmise that you are intellectually dishonest at worst or cagey at best.
    "one can only surmise?" At least you picked an accurate word - surmise: a thought or idea based on scanty evidence

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#33)
    by Bob In Pacifica on Wed May 03, 2006 at 10:42:53 AM EST
    ding, I have seen a couple of photos of Seligmann. If he were standing next to me at the grocery store I doubt I'd notice him. The defense is saying this is him. They also claim to have his receipt from the machine. They have the cab driver as witness, I presume that they have the second man in the cab as a witness. The ATM photo doesn't look like the other photo, but in order to believe it isn't him you would have to invent a pretty broad conspiracy. I imagine there are experts who would testify that that is Seligmann. It would seem pretty cheeky of the defense to present a photo of someone else. Plus, since the photo is time-stamped, and the receipt is time-stamped, the guy who used Seligmann's ATM card is the guy in the picture. I haven't seen a coherent theory of the prosecution's case, so we can't absolutely rule out Seligman until that's produced, but anything much after 12:14 doesn't seem to involve him.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#34)
    by Bob In Pacifica on Wed May 03, 2006 at 10:51:36 AM EST
    chew2 mentions Nifong's failure to subpoena the camera and photographic evidence held by some of the attendees of the party that night (although I thought there were some cameras seized during the initial search warrant). I've asked why Nifong hasn't used the grand jury to question people at the party whom he hasn't charged. He seems to be avoiding any of the information that any of the defense attorneys have generated, such as the photos and ATM receipt for Seligmann. And I still don't understand why he hasn't questioned the couple of non-lacrosse players at the party... unless he has and no one's mentioned it in public. Has any evidentiary hearing been scheduled? It certainly would be nice to know the nature of the cards in each side's hand.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#35)
    by Jlvngstn on Wed May 03, 2006 at 11:09:49 AM EST
    IMHO - Of course I used surmise there, I have not tallied all of your posts and have guessed that there is an 80-20 percentage on the side of the victim, and being that it is a guess and I have a love for words, surmise is the most appropriate. If I were not busy today I would tally them up and accuse, but for now I will go with my gut and say that you are at best cagey and at worst, intellectually dishonest.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#36)
    by Talkleft Visitor on Wed May 03, 2006 at 11:10:42 AM EST
    One thing the photos show pretty clearly are unscratched arms in short sleeves. I don't know if that contradicts the AV's testimony since it may be the third person who she claims to have scratched, but this guy is scratch-free at 12:14.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#38)
    by Bob In Pacifica on Wed May 03, 2006 at 11:14:17 AM EST
    kellcat, scratch-free at 12:24, but the point is well-taken.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#39)
    by Talkleft Visitor on Wed May 03, 2006 at 11:18:44 AM EST
    Malik Zulu Shabazz, an attorney with the New Black Panthers, told Fox News Channel Tuesday that the prosecutor in the Duke rape case shared information and evidence with the Panthers during a meeting.
    In an interview with Fox News Channel's Brian Kilmeade and Juliet Huddy, Shabazz said that members of his group, who are protesting the treatment of the alleged victim of a rape by the Duke University lacrosse team, met with the prosecutor to review his evidence against the students. Shabazz claims the evidence shows the white lacrosse players are guilty of sexually assaulting the victim, who's a black woman. When Fox's Kilmeade told the Black Panther leader that the victim's father didn't want them in Durham, Shabazz said that the victim's father should keep his mouth shut.
    I wonder if the DA really did share evidence... click here for full story

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#40)
    by Talkleft Visitor on Wed May 03, 2006 at 11:20:32 AM EST
    weird, that isn't how it previewed...

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#41)
    by Bob In Pacifica on Wed May 03, 2006 at 11:29:00 AM EST
    I will say it again and again. The New Black Panther Party is bogus. I would not doubt that their membership is comprised of a couple of true believers, a couple of doofuses and a goodly percentage of agents provocateur from the FBI. First off, think of all the upstanding African American organizations that don't get a minute on FOX. Why this group for this case? The function of this group is to stir up division. Just like Gloria Allred. I've repeated this over and over. Please, everyone, go and read about COINTELPRO. This is what every government does, and ours has been doing it since the beginning of the Cold War at least.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#42)
    by inmyhumbleopinion on Wed May 03, 2006 at 11:38:32 AM EST
    GUNSHY, That Quote button is glitchy. I never know what I'm gonna get in the final posting.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#43)
    by Teresa on Wed May 03, 2006 at 11:47:41 AM EST
    GUNSHY, when the lawyer/leader was interviewed the night before about meeting with the DA he was asked straight up if was shown any evidence and he didn't answer that question. He said something like "we had a very productive" meeting. I don't believe him. kellcat, the description given in the photo id process says that Reade S. was in front of the accuser and that the third guy was the one she was scratching to get his arms away from her neck. imho, I reread some of the April 23 posts that you linked above. Below LAX_Alum's post on that thread you quoted an interview with Bissey in the New & Observer from April 21. According to your quote, he seems to believe he saw the accuser arriving at the party. I wonder if he is assuming she is arriving or actually saw her dropped off. I keep reading that Kim was on time (11:00) and the accuser was half an hour late. Since Bissey saw them at 11:50 to 12:00 I wish we knew if that was really her first entrance or her second. In the motion filed on Monday I think they had a sworn statement from Bissey. Have you seen it?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#44)
    by inmyhumbleopinion on Wed May 03, 2006 at 11:50:43 AM EST
    Jlvngstn posted:
    IMHO - Of course I used surmise there, I have not tallied all of your posts and have guessed that there is an 80-20 percentage on the side of the victim, and being that it is a guess and I have a love for words, surmise is the most appropriate. If I were not busy today I would tally them up and accuse, but for now I will go with my gut and say that you are at best cagey and at worst, intellectually dishonest.
    If this is your standard, would you agree you would also have to surmise that Talk Left, herself, is also "at best cagey and at worst, intellectually dishonest?"

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#45)
    by Dadler on Wed May 03, 2006 at 12:14:09 PM EST
    Just a question: am I right to assume they have the actual record of his ATM transaction? That's what really matters, I would think, not some much less convincing ATM security photo.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#46)
    by sarcastic unnamed one on Wed May 03, 2006 at 12:21:25 PM EST
    I believe you are right, Dadler. Both ATM photos and the corresponding ATM transaction.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#47)
    by Jlvngstn on Wed May 03, 2006 at 12:23:27 PM EST
    IMHO - If you can show me a link where TL has said that she is not siding with either party and is being impartial, sure. What she has said all along is that this is a site for defense, and the associative politics therein. But this is not about TL, it is about you and your attempt to claim objectivity and neutrality. The majority of your posts as I have read them, have been demonstrably less flowery for the men than for the AV. Really, I do not care which side of the fence you are on as long as you are intellectually honest in the debate. The problem is, as I see it, your propensity to flower the woman in this case and soil the men removes the objectivity and neutrality you claim to have. I really do not give a rats arse about this woman or these men. I do care that the men are being dragged through a media circus and may be completely innocent of what they are accused of. That stain will never go away. When something or someone is tainted for life I will always argue on the side of caution, no matter how vile the charges.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#48)
    by Teresa on Wed May 03, 2006 at 12:26:07 PM EST
    www.wral.com/news/9153818/detail Interesting interview with Nifong today. He sounds more confident than ever.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#49)
    by Talkleft Visitor on Wed May 03, 2006 at 12:34:14 PM EST
    If this is your standard, would you agree you would also have to surmise that Talk Left, herself, is also "at best cagey and at worst, intellectually dishonest?"
    Wow... That is an interesting passive-aggressive method you are using to attack the author and principal contributor of this blog.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#50)
    by chew2 on Wed May 03, 2006 at 12:35:35 PM EST
    Question: Can someone post some examples of male defendants whose lives have been ruined by false claims of rape or even other crimes? Kobe Bryant seems to have recovered his reputation and is doing very well. OJ not so well, but maybe that's because most (white) people think he is guilty. I don't follow this crime stuff much, but there must be other examples.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#51)
    by Talkleft Visitor on Wed May 03, 2006 at 12:41:13 PM EST
    I wonder what evidence Nifong would have for his timeline. I have always assumed he had a different one in mind, but leaving the players' testimony out of it, the public evidence includes the testimony of the neighbor, photos, receipts, 911 records, cell phone records, and the cabdriver. I would think Nifong would need photos, video, a cooperating party guest, and/or a disinterested witness to convincingly establish a different one. The testimony of the AV and/or Kim Roberts would not be particularly strong by itself. Roberts said she wasn't paying attention to details, and the AV's 30-minute estimate of the length of the reported attack seems unlikely in almost all scenarios and pretty much eliminates the reliability of her testimony about the timeline.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#52)
    by sarcastic unnamed one on Wed May 03, 2006 at 12:45:29 PM EST
    chew2, I imagine the un-charged players would probably be wise to remove "Duke Lacrosse" from their resumes. Even if they switch schools this summer, I bet they will always carry some stigma. "Hey, see that guy? He was one of the Duke lacrosse players." As for the two guys charged, your guess is as good as mine.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#53)
    by Talkleft Visitor on Wed May 03, 2006 at 12:45:47 PM EST
    Can someone post some examples of male defendants whose lives have been ruined by false claims of rape or even other crimes?
    Gary Dotson

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#54)
    by Jlvngstn on Wed May 03, 2006 at 12:47:22 PM EST
    I think you should ask Kobe if he feels like his life has been irrevocably hurt and because he is a professional athlete earning millions, do you assume that makes up for what was most likely a false allegation? Richard Ricci Ray Spencer Nancy Smith Joseph Allen Kevin Fox Peter Rose Sylvester Smith to name a few.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#55)
    by chew2 on Wed May 03, 2006 at 12:47:39 PM EST
    I wonder what evidence Nifong would have for his timeline.
    As to initial arrival time, it is often customary for an escort to phone into her agency upon arrival and sometimes upon leaving. So phone records may be available for the AV, Kim and the agency.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#56)
    by chew2 on Wed May 03, 2006 at 12:53:33 PM EST
    Richard Ricci Ray Spencer Nancy Smith Joseph Allen Kevin Fox Peter Rose Sylvester Smith to name a few.
    So which ones were accused rapists? I'll take a look. Links would be helpful. Well Kobe did have to buy his wife a $500,000 ring to make up for the adultery. But I don't take his life as irrevocably hurt or ruined. He's doing fine in my eyes. And as you imply, it's not clear he wasn't guilty.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#57)
    by chew2 on Wed May 03, 2006 at 12:57:20 PM EST
    macromainiac, I didn't mean guys who were wrongly convicted, like Gary Dotson. I meant guys who were acquitted or where the complainant subsequently didn't pursue the case.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#58)
    by Teresa on Wed May 03, 2006 at 12:59:05 PM EST
    Chew, google Steve Titus for a good example of a false rape conviction. This guy died of a heart attack at 35 a few weeks after his conviction was overturned. This was a case of very bad police work.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#59)
    by Talkleft Visitor on Wed May 03, 2006 at 01:00:44 PM EST
    I akways found Kobe's statement interesting, to say the least... "First, I want to apologize directly to the young woman involved in this incident. I want to apologize to her for my behavior that night and for the consequences she has suffered in the past year. Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure. "I also want to apologize to her parents and family members, and to my family and friends and supporters, and to the citizens of Eagle, Colorado. "I also want to make it clear that I do not question the motives of this young woman. No money has been paid to this woman. She has agreed that this statement will not be used against me in the civil case. "Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way that I did. "After months of reviewing discovery, listening to her attorney, and even hearing her testify in person, I now understand how she sincerely feels that she did not consent to the encounter.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#60)
    by Jlvngstn on Wed May 03, 2006 at 01:04:17 PM EST
    Go to truthinjustice and do your own research. If you were falsely accused and your name and photo broadcasted around the US, how do you think you would be received at your local gatherings? HS reunion? College Reunion? Do you think EVERY person is going to say "man you got the shaft". Such a ridiculous argument to try and separate falsey accused and falsely imprisoned. Who pays their legal fees? Who helps them get through the stares on campus? At the mall? The ethics and morality of a humane society is not representative of the treatment these men have received. Your thirst for gossip at their expense is indicative of the depravity in your soul.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#61)
    by Talkleft Visitor on Wed May 03, 2006 at 01:14:08 PM EST
    I didn't mean guys who were wrongly convicted, like Gary Dotson. I meant guys who were acquitted or where the complainant subsequently didn't pursue the case.
    This is what you asked for:
    Can someone post some examples of male defendants whose lives have been ruined by false claims of rape or even other crimes?
    You never stated that you did not want examples of people wrongfully convicted. You are obviously fishing for something.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#62)
    by chew2 on Wed May 03, 2006 at 01:19:03 PM EST
    Theresa, Thanks for the name. I read his sad story. And of course Washington State has the whole Wenatchee sex abuse travesty. I was looking for defendants who were acquitted. A lot of the men here who are taking the side of the lacrosse team members, were crying about how the taint of such a false accusation would hurt them forever even if they were acquitted. I just wanted to see some examples of that. So far I'm waiting for examples. The site Jlvgnston pointed to was only for those wrongly convicted. For example, there's the St.John's lacrosse team. They were acquitted of rape (although they might have been guilty). I don't know what happened to them. Do people know of other examples?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#63)
    by chew2 on Wed May 03, 2006 at 01:24:33 PM EST
    Macromania
    You are obviously fishing for something.
    Yeah I'm fishing for examples of defendants whose lives were ruined by a false claim of rape even though they were acquitted or the complainant withdrew the allegation. If that wasn't clear in my first query, I hope it is now.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#64)
    by inmyhumbleopinion on Wed May 03, 2006 at 01:38:11 PM EST
    Jlvngstn posted;
    But this is not about TL, it is about you and your attempt to claim objectivity and neutrality.
    What I've said is, "I don't know who is lying here." I've been quite upfront about my distain for the defense attorneys' tactics, my disappointment that the players have chosen to follow their advice and I have responded to claims the players are being treated unfairly by the media and in the court of public opinion by demonstrating the same can be said of the accuser. I try to correct all factual errors I see posted here. If I spend more time correcting mistakes about the accuser than the accused it is because more misinformation about the accused has been posted. Go back and check how many posts about the players are incorrect compared to posts about the accuser. While I have not claimed objectivity and neutrality, I have defended individual posts where I felt you have unfairly accused me of being dishonest. The last post I defended is an example of you taking my comments out of context and accusing me of dishonesty. When the context was explained did you acknowledge it was not an unfair comment? Nope. You went on to basically say, "Well, your if I took the time to tally your posts I could actually accuse you of being "at best cagey and at worst, intellectually dishonest." Nice try. Admit you were wrong - if only about that one post. People respect that.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#65)
    by Talkleft Visitor on Wed May 03, 2006 at 01:42:01 PM EST
    Hi JLvngstn, You wrote,
    PB - You made the assertion that she has overcame "much"
    I can't remember making the assertion. I thought I was arguing that she was not "the unluckiest woman on the planet." Maybe you're confusing me with somebody else. You wrote:
    Again, this is one unlucky woman getting gang raped twice threatened to be murdered by her husband and on the one night when she decides to steal a cab the police go and mess that up chasing her down.
    Yes, that is unlucky, especially if its all true. You wrote:
    What I also find deplorable is the comparative reasoning of "blame the victim" here which implies that her psychological and criminal background should be exempt or overlooked in the discussion.
    I don't mind the discussion of the victim's background at all.I thought of an even clearer reason why the name of the accused should not be with-held until the verdict, by the way. Because of double jeopardy laws, society gets but one chance to get these questions right. Yet in many cases, it is the release of the accused persons name through the press that is the vehicle which causes key witnesses to come forward. For example, Jennifer Pease came forward to buttress Gregory Coleman's story of Michael Skakel's confession DURING Skakel's trial. You wrote:
    You remind me of Foxnews, fair and balanced, from your side of the fence.
    My side of the fence is that a)fair trials are for everyone, and that b) truth is the centerpiece of a fair trial. If your side of the fence is that a)fair trials are only for the defendant and b) the truth is not the centerpiece of a fair trial, then I accept the analogy to Fox News, cruel though it is.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#66)
    by inmyhumbleopinion on Wed May 03, 2006 at 01:48:08 PM EST
    Hi Teresa, I've been trying to track down sources for these statements: I've read that the dance appt. was for 11:30 I've read that Kim got there at 11:00. I've read the accuser got there at 11:30. I've read the accuser got there at 11:50. I've read that the accuser got there 20 minutes late. I've read that the accuser got there 30 minutes late. I've read that Kim and the accuser got there 30 minutes apart: N & O April 8. 2006
    Cheshire said the players say the women came to the house separately nearly 30 minutes apart. "I don't think they knew each other," Cheshire said. He said the second dancer to arrive, the accuser, was "substantially impaired."
    From Newsweek April 24, 2006
    The accuser is dropped off at about 11:45, about a half hour after the other (second) stripper arrived.
    From News & Observer April 1, 2006
    11:50 p.m.: Bissey, on his porch, notices two women walk to the back of the house, where a man greets them.
    From News & Observer April 1, 2006
    Midnight: Bissey sees the two women go into the house.


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#67)
    by Talkleft Visitor on Wed May 03, 2006 at 02:01:47 PM EST
    Bob in Pacifica, You wrote:
    Anyone: could the alleged rape have happened before midnight? After 12:30?
    If we disregard the defense attorneys timeline, (and certainly they have yet to demonstrate publicly why this is not a good idea) I would think it possible to argue that the dance interruptus could have occurred considerably before twelve, which would allow for the rape to occur before twelve as well. Defense attorneys have given 11:30, in some accounts, as the time of the second dancer's arrival. It also is a relatively simple matter to model the rape happening after Bissey observed the dancer return to the house for her shoe, which we cold well posit occurred at 12:30. One way of accomplishing this is to "correct" the defense attorney's later time stamp photos back ten minutes. These models are only as loose as they are because we really have very little of the critical information we would need to lock them in. Nobody will have that problem at the trial.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#68)
    by sarcastic unnamed one on Wed May 03, 2006 at 02:15:40 PM EST
    Yeah I'm fishing for examples of defendants whose lives were ruined by a false claim of rape even though they were acquitted or the complainant withdrew the allegation.
    You mean like defendants who became as infamous as those in the Duke case? I don't think you'll find such an example.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#70)
    by inmyhumbleopinion on Wed May 03, 2006 at 02:16:27 PM EST
    Teresa posted:
    For example, there's the St.John's lacrosse team. They were acquitted of rape (although they might have been guilty). I don't know what happened to them. Do people know of other examples?
    Most references to the St. John's case in conjunction with this case mention that three players were aquitted, but not that four players admitted guilt and were convicted of lesser charges. Stereotypes all over this case
    During the two years that followed the accusation, three of the suspects were acquitted at trial. Four others pleaded to lesser charges, under plea agreements in which they acknowledged guilt.
    www.sas.upenn.edu/~psanday/preface.html
    The steps taken by the St. John's administration in response to their investigation--for example, turning the matter over to the police and suspending the alleged abusers, pending the legal outcome of the case--is a model for how a campus wishing to be free of rape might respond. Unfortunately, few campuses confronted with similar incidents act so decisively. At the end of the legal proceedings, St. John's took the additional step of expelling all but one of the students who asked for reinstatement, on the grounds that they had violated the student code and displayed, in the words of the school's president, "a serious lack of respect for others and even one another." The one student whose request for reinstatement was granted had cooperated with the authorities.


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#71)
    by Talkleft Visitor on Wed May 03, 2006 at 02:22:46 PM EST
    Tiger, you quoted Kobe Bryant:
    "Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way that I did."
    To me that sentence encapsulates the sum total of the newsworthiness of Kobe's case... Had the defense of "unilateral consent" ever been used before in a rape case? It's genius.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#72)
    by Jlvngstn on Wed May 03, 2006 at 02:28:01 PM EST
    Posted by inmyhumbleopinion April 20, 2006 10:43 AM Peaches, My sympathies lie with the truth. I don't know who is telling the truth here.
    You say this and again post 80% (by my estimation) of your comments with negative remarks toward the men. I cannot reconcile this inconsistency. You portend to be neutral, "only fixing inaccuracies" but your editorials are inconsistent with the above statement. In your post relative to the definition of surmise, there was no attempt to mislead anyone or take anything out of context. You also state she is a mother, a student, an honor roll etc, while never providing the information for the other side. You say your sympathies lie with truth and you paint a picture of sympathy for the AV. Nothing wrong with that, just want you to be honest about it. I think you have been intellectually dishonest because you have not provided any positive information about the men in this case, yet have provided flowery statements about the victim. Again I ask, are you being intellectually honest? PB - Half way through my post I was referring to IMHO and it appears as if it were meant for you. My apologies for the awkward transition and for you having to answer to the material that was completely not consistent with your arguments. The fox news in particular was for IMHO. As for Jennifer Pease coming forward, good police work should have ferreted that out, not the media, and what sayeth you about Kobe Bryants brother coming forward recently stating that he spoke with the real murderers in that case and it was not Skakel? Here is what I know, the media circus surrounding this case has not helped the alleged victim or the accused and has only lined the wallets of media execs. There is little to no value in this circus and again goes to the depravity in the souls of those who wish to talk about it as opposed to doing something about it. I do not care about the women or the men relative to the night in question, what I care about is a fair and honest trial and punishment that is befitting of the crime. Thus far, there has been no guilty verdict yet both parties have been dragged through the mud senselessly for profit.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#73)
    by Teresa on Wed May 03, 2006 at 02:29:29 PM EST
    Hi, imho. That wasn't me posting about the St. John's case but I have read about it. I saw Butch Williams on TV say that Kim arrived at 11:00 and the accuser a half an hour later. He was interviewed at night outside the courthouse and it may have been on Greta V.S.'s show and they don't put up transcripts. I have seen it other places but I've also seen the other times you listed as well. I'll look for some links. I am sure though that the time the women were supposed to be there was at 11:00 and no one has claimed that Kim was late. Did you read the interview with Nifong I linked above? I am interested in the red flags comment he made about the defense not releasing the DNA results to the public. Do you, or anyone, know if that would normally happen in a case with this much media attention?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#74)
    by chew2 on Wed May 03, 2006 at 02:55:30 PM EST
    IMHO & Teresa,
    I am interested in the red flags comment he made about the defense not releasing the DNA results to the public.
    The DA is not allowed to comment on or to release evidence to the public prior to trial Such publicity would prejudice the jury pool. I believe defense attorney's are under similar ethical restraints, but the big loop hole is that they can respond publicly to rebut any improper remarks by the DA. This seems to be the basis for the defense leaking all this evidence. Clearly a defense atty would not release evidence that he thought appeared harmful to his client.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#75)
    by Bob In Pacifica on Wed May 03, 2006 at 02:55:38 PM EST
    I can see from the last few posts that we still don't have a definitive timeline. If Bissey saw them first enter around midnight, Seligmann just doesn't seem likely to have been available enough time to rape anyone. If the dancing started at 11:30, then there'd be an extra half hour, time for a rape. Here's a question I have for most of the timelines. This may be from the jumbling of timelines, but in some of them Roberts has to wait in the car for the AV. But then once the AV arrives it takes another 20 minutes to get from the car to the house. Seems like a long time. Despite Roberts claims that she was sober as was the AV before they entered, could those 20 minutes have been spent smoking grass or crack? If you get paid for performing a certain period of time, you would think that once the two of you are there you'd get right to it. Why would you dawdle with a stranger outside the house? Like I say, though, it could be bad clock management among timeliners.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#76)
    by Bob In Pacifica on Wed May 03, 2006 at 03:01:00 PM EST
    chew2, Regarding unfortunate consequences of false rape accusations, many young men across the South were lynched on the basis of false accusations. That went on for generations. Granted, they weren't rich and white but they were men.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#77)
    by chew2 on Wed May 03, 2006 at 03:03:24 PM EST
    You mean like defendants who became as infamous as those in the Duke case? I don't think you'll find such an example.
    No. They don't have to be famous. Although I bet there are some famous ones from the past that people have forgotten about. I have some vague memory of accusations against other NBA players. Like I said, I don't follow crime. I thought some people here do, and would have some examples to show other than Kobe. I gather from the lack of response that no one can point to any other examples of defendants whose lives have been ruined even though acquitted.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#78)
    by Bob In Pacifica on Wed May 03, 2006 at 03:10:58 PM EST
    Teresa, that Nifong interview was interesting. If he's got DNA evidence the whole house of cards falls down. If it's a bluff, the case will whimper and die. But his point about the defense keeping the case alive in the public eye is true, at least over the last couple of weeks. And later in the interview he repeats that "they" don't know what his timeline is. No one apparently does. We here at Talkleft don't. I still don't understand what the downside of accepting evidence the defense is offering. He can always say thank you and put his copies of the Seligmann photo in a drawer.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#79)
    by inmyhumbleopinion on Wed May 03, 2006 at 03:13:53 PM EST
    Hi Teresa, Oh, I see chew2 was posting to you about St. Johns. Yes, some interesting stuff in that article:
    Last month, defense attorneys publicly stated that DNA samples taken from 46 Duke lacrosse athletes cleared the players, but Nifong hinted on Wednesday that there may be more to the DNA tests than defense attorneys are sharing.
    "My guess is that there are many questions that many people are asking that they would not be asking if they saw the results," Nifong said.
    WRAL has asked defense attorneys to see the DNA results, but they have declined the request. Nifong cannot release the DNA results because doing so would be against state policy, he said.
    "They're not things that the defense releases unless they unquestionably support their positions," Nifong said. "So, the fact that they're making statements about what the reports are saying, and not actually showing the reports, should in and of itself raise some red flags."
    Shortly after Nifong received the DNA test results from the State Bureau of Investigation, he ordered a second set of more sophisticated tests at a private laboratory because the SBI crime lab is not certified to perform them. Nifong said on Wednesday that the tests were ordered because the SBI suggested them.
    I'm guessing it could be about the fingernails: From Newsweek's Sex, Lies & Duke:
    Many rape cases are solved by the DNA evidence. But in this investigation, the tests have not provided the airtight answers investigators might have hoped for. Meadows [Susannah Meadows, a senior writer, co-author of the article] says that could change in the future. "There may be DNA. In this first round of tests, they did find DNA under the woman's fingernails. But the tests, as to whose it was, were inconclusive," she said." There are new tests that are expected back," she adds, and these tests could lead to other conclusions.


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#81)
    by Teresa on Wed May 03, 2006 at 03:23:43 PM EST
    According to a timeline put out by defense lawyers, one exotic dancer, Kim Roberts, 31, appeared on time, but another dancer, who was dropped off by a car, arrived a half hour late.
    http://www.msnbc.msn.com/id/12442765/ site/newsweek/print/1/displaymode/1098 That quote is from Newsweek. I don't know how to shorten the link so it doesn't screw the margins up.
    According to search warrants, the woman reported arriving at the house around 11:30 p.m. March 13, dancing for a few minutes and leaving the house after men at the party became aggressive. She said she returned to the house after one of the men apologized
    www.charlotte.com/mld/charlotte/news/14393017.htm These are two links I've found so far about the accuser's arrival time. There are so many versions out there that I don't know which ones are correct. There was a NY Times article that I read and saved that the appointment was supposed to be for 11:30 but it is now a Times Select article and I can't read it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#82)
    by chew2 on Wed May 03, 2006 at 03:26:34 PM EST
    Here's another Question: Do we have any examples of defendants who were wrongly accused of rape receiving death threats? Both the female accusers in the Kobe case and this case allegedly received death threats. Is that a gender thing, or do men receive death threats too?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#83)
    by sarcastic unnamed one on Wed May 03, 2006 at 03:35:52 PM EST
    Teresa, To link, with applogies if it's too basic: -highlight the URL of the webpage that you want to link to. -copy the URL ("edit" then "copy"). -highlight the word in your comment that you want to be the link. -click the "URL" button above the comment box. -hold down the "ctrl" button and then type "v." -click "OK." -click "Preview" below the comment box.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#84)
    by chew2 on Wed May 03, 2006 at 03:39:46 PM EST
    bob, Here is what I asked. You apparently didn't understand my question when you responded.
    Yeah I'm fishing for examples of defendants whose lives were ruined by a false claim of rape even though they were acquitted or the complainant withdrew the allegation.
    I was looking for defendants who were acquitted. A lot of the men here who are taking the side of the lacrosse team members, were crying about how the taint of such a false accusation would hurt them forever even if they were acquitted. I just wanted to see some examples of that.
    Examples would help show how badly some defendant might be hurt by a false accusation of rape even though acquitted, and whether their lives are permanently ruined and tainted as some have claimed. The lack of examples would suggest these claims are overblown. But I'm still hopeful we can find some examples to evaluate other than Kobe.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#85)
    by Bob In Pacifica on Wed May 03, 2006 at 03:46:54 PM EST
    I understood your question. I just don't understand why you ask it. A lot of people here are on the side of the accused because they think a rape didn't occur. I would venture from what you've posted that you take the opposite position. I guess you can believe that being falsely accused of rape is not harmful. "Ruined" is pretty subjective. So if your point is merely that nobody can prove to your satisfaction that false accusations of rape don't "ruin" men's lives, I agree with you. Nobody's going to prove it to you.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#86)
    by inmyhumbleopinion on Wed May 03, 2006 at 03:47:57 PM EST
    Jlvngstn posted:
    imho posted: My sympathies lie with the truth. I don't know who is telling the truth here
    You say this and again post 80% (by my estimation) of your comments with negative remarks toward the men. I cannot reconcile this inconsistency. You portend to be neutral, "only fixing inaccuracies" but your editorials are inconsistent with the above statement.
    It's pretty easy to reconcile. Most of my editorializing revolves around the theme of the players' stonewalling delaying the truth of what happened that night from being revealed. I don't know who's lying, but I do know who is not cooperating with the investigation. Jlvngstn posted:
    I think you have been intellectually dishonest because you have not provided any positive information about the men in this case, yet have provided flowery statements about the victim. Again I ask, are you being intellectually honest?
    I think you know what intellectual dishonesty means. The above is not an example of it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#87)
    by libdevil on Wed May 03, 2006 at 03:49:00 PM EST
    I don't know that winning the Dem primary necessarily means he'll serve a full term. I don't have anything solid to base that on, but I got a funny feeling from the election coverage in the Durham Herald Sun today. There were a lot of elections like this in Durham - contested Dem primaries with no or token Republican opposition. In each case, the paper said the winners of the primary would be the officeholder. Except for one case - Nifong. In his case, the paper felt the need to mention that an independent or write-in candidate could still emerge to challenge him. While saying it was unlikely, it makes me wonder what they know that they would mention it only in the context of the DA race. Do they have some hint of an independent or write-in challenge? Are they firing a warning shot across his bow? Or is it just sloppy writing? I don't know, but this still has the potential to get interesting.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#88)
    by Teresa on Wed May 03, 2006 at 03:57:40 PM EST
    The woman has told police she and another dancer hired to dance at the party arrived at 11:30 p.m.
    sports.espn.go.com/ncaa/news/story?id=2407782 I have found several aricles that the accuser "told police" she arrived at 11:30 but the search warrant doesn't have her arrival time unless I'm missing it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#89)
    by Teresa on Wed May 03, 2006 at 04:01:25 PM EST
    Teresa, To link, with applogies if it's too basic
    Thanks, I'll try that. Trust me, it can't get too basic for me!

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#90)
    by Bob In Pacifica on Wed May 03, 2006 at 04:01:39 PM EST
    I'm a little impatient for the next round of DNA. The first round seemed definitive for the defense. But of course they reported and defined what the results were. I wonder what the DNA under her findernails showed from the first round of tests. My guess is that there is DNA material under everyone's fingernails if they haven't recently cleaned them. I presume they narrowed it to human DNA not the AV's.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#91)
    by Talkleft Visitor on Wed May 03, 2006 at 04:01:50 PM EST
    JLngstn, You wrote:
    As for Jennifer Pease coming forward, good police work should have ferreted that out, not the media,
    I see. Let's cut back on the first amendment and make up for it through supporting our local police force. This sort of codependency wouldn't have occurred to the Founding Fathers, who lived in an age where the government was untrustworthy. I recall an interesting article on the second amendment, where Jews in New York City, many of whom had survived the Holocaust, were being denied the right to own firearms at the same time as New York City police response to criminal complaints was getting slower and slower. Diluting the strength of our basic constitutional rights doesn't always represent an assault on the most vulnerable sectors of the population. But it's rather obvious why it can.
    and what sayeth you about Kobe Bryants brother coming forward recently stating that he spoke with the real murderers in that case and it was not Skakel?
    Gitano Bryant is not Kobe's brother, nor is he his cousin, if I recall correctly. I think this topic would be better reserved for a separate forum. It's quite involving.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#92)
    by chew2 on Wed May 03, 2006 at 04:03:10 PM EST
    Bob
    I understood your question.
    If you understood it why did you respond with something so off topic as southern lynchings.
    "Ruined" is pretty subjective.
    Characterizations such as "permanently", "irrevocably", "ruined", "tainted" are not mine but those who attack the AV and defend the team. In any case all I'm asking for some examples for those claims. So far nada. And that's a pretty dishonest and cheap debating trick to claim that no evidence would persuade me so don't even bother trying to present any evidence.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#93)
    by Bob In Pacifica on Wed May 03, 2006 at 04:06:03 PM EST
    libdevil, I can see someone in the background, waiting to see if the case falters. If the wheels come off, someone could very well jump in as an independent. It would give Nifong a reason to take his time moving the case along. My guess is that whether or not someone might be considering running against him that the evolution of the case will take it way past the general elections. 2007, right?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#94)
    by sarcastic unnamed one on Wed May 03, 2006 at 04:18:55 PM EST
    I'm a little impatient for the next round of DNA. The first round seemed definitive for the defense. But of course they reported and defined what the results were.
    Should we expect the publicized results of the 2nd round to be any different?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#95)
    by Bob In Pacifica on Wed May 03, 2006 at 04:20:17 PM EST
    Teresa, if Bissey's observations of the women entering the house at around midnight are correct, and it was the second time that they went into the house, then there are still problems with an earlier rape scenario. The AV would have had to have been raped, left and then reentered. Then what did they do for a half hour? Hang around? Dance? Maybe it's because the timeline has put them initially arriving at midnight, but the earlier timeline sounds to me like daylight savings: you think you're getting more time but you're not. I haven't seen any mention of any photos of the strippers taken before midnight either. If they'd entered at ll:30 there should be photos. If Roberts said that they entered at 11:30 and they didn't enter until 12, why wouldn't she be honest about that half hour?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#96)
    by Bob In Pacifica on Wed May 03, 2006 at 04:21:32 PM EST
    chew2, rubber... glue...

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#97)
    by Talkleft Visitor on Wed May 03, 2006 at 04:23:04 PM EST
    And that's a pretty dishonest and cheap debating trick to claim that no evidence would persuade me so don't even bother trying to present any evidence.
    Strawman rhetoric, such as yours, is also a cheap and desperate debating trick. The strawman setup is observed in this post:
    I was looking for defendants who were acquitted. A lot of the men here who are taking the side of the lacrosse team members, were crying about how the taint of such a false accusation would hurt them forever even if they were acquitted. I just wanted to see some examples of that.
    Here is your refute of the strawman:
    Examples would help show how badly some defendant might be hurt by a false accusation of rape even though acquitted, and whether their lives are permanently ruined and tainted as some have claimed. The lack of examples would suggest these claims are overblown. But I'm still hopeful we can find some examples to evaluate other than Kobe.
    In short, you are full of sh*t.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#98)
    by inmyhumbleopinion on Wed May 03, 2006 at 04:23:04 PM EST
    sarcastic unnamed one posted:
    Should we expect the publicized results of the 2nd round to be any different?
    I'd comment, SUO, but I'm working real hard to get my percentage under 80%.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#99)
    by inmyhumbleopinion on Wed May 03, 2006 at 04:33:40 PM EST
    Ah, what the heck! Better git out yer calculator, Jlvngstn, this one's for you:
    In an exclusive interview with ABC News, the player -- who insisted on anonymity and whose face was shadowed during the interview -- told ABC North Carolina affiliate WTVD reporter Darla Miles on Monday that last month's indictment of two of his teammates was "probably the most emotional day of my life."
    ...
    The player choked up as he told Miles how his team was on its way to the national championship when the rape allegations surfaced. He insisted veteran coach Mike Pressler "didn't resign. He was forced out," the player said. "The notion that he quit or resigned is ridiculous."


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#100)
    by Teresa on Wed May 03, 2006 at 04:36:23 PM EST
    The AV would have had to have been raped, left and then reentered.
    Bob, if they arrived at 11:30, danced, argued, left, then came back in at midnight and danced and got separated that would be twice she came into the house. I know they argued at 12:03 but do we know that they actually left the house then?
    I haven't seen any mention of any photos of the strippers taken before midnight either. If they'd entered at ll:30 there should be photos.
    We haven't seen any photo's of when the women were supposed to be in the bathroom while the guys slipped money under the door either. We are only seeing the ones the defense wants us to right now. That's why I'm interested in what the cameras taken from the house by the police show.
    If Roberts said that they entered at 11:30 and they didn't enter until 12, why wouldn't she be honest about that half hour?
    I didn't see where Kim said what time they went in the house. Did she say that in her interview? I've read it but may not remember correctly.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#101)
    by inmyhumbleopinion on Wed May 03, 2006 at 04:53:36 PM EST
    Inconclusive DNA results:
    Inconclusive: Inconclusive results indicate that DNA testing could neither include nor exclude an individual as the source of biological evidence. Inconclusive results can occur for many reasons: for example, the quality or quantity of DNA may be insufficient to produce interpretable results, or the evidentiary sample may contain a mixture of DNA from several individuals (e.g., a sample taken from a victim of a gang rape). As with all DNA testing results, additional testing may be needed and findings should be interpreted in the context of other evidence in the case.


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#102)
    by chew2 on Wed May 03, 2006 at 04:57:30 PM EST
    Wow! Relax boys. All I asked for were some examples to back up the claim that a defendant's life was permanently tainted or ruined by a false claim of rape even though he was acquitted. Something beyond Kobe Bryant. I must have hit a nerve. So far no examples, just this:
    Your thirst for gossip at their expense is indicative of the depravity in your soul.
    chew2, rubber... glue...


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#103)
    by chew2 on Wed May 03, 2006 at 04:58:56 PM EST
    And this:
    In short, you are full of sh*t.


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#104)
    by Talkleft Visitor on Wed May 03, 2006 at 05:03:49 PM EST
    Teresa, you wrote:
    I know they argued at 12:03 but do we know that they actually left the house then?
    I think its a mistake to regard the defense's photo timestamps as in any way gospel. The entire dance could have been finished before 11:45, when Bissey claimed to first see the women outside before going in for his shower.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#105)
    by chew2 on Wed May 03, 2006 at 05:04:33 PM EST
    Experts answer: What Does DNA Evidence Prove? Some tentative answers from experts to Duke Lacrosse DNA questions such as: Is it possible for a condom to be used, without physical evidence of condom use (traces of latex, etc) being left behind?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#106)
    by Teresa on Wed May 03, 2006 at 05:24:08 PM EST
    BOB ASHLEY: Well, I think the next shoe is probably going to be some result of a second test of the DNA, which the district attorney first mentioned -- we reported first this morning, which the district attorney confirmed during their forum at North Carolina Central today. We'll see what happens with that. He hinted, although it's unclear whether he said with absolute certainty, that they may have the identification of at least one suspect.
    www.pbs.org/newshour SUO, this was an interview with the editor of the Durham News-Herald after the first round of testing. He seems to think the first results weren't as cut and dried as it seemed. The relevant portion of the interview is toward the bottom.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#107)
    by Richard Aubrey on Wed May 03, 2006 at 05:47:53 PM EST
    Chew2. Perhaps the reason there are no examples is that nobody bothers following the cases. As in, nobody cares. I think there is more evidence about people falsely accused of child molestation being ruined, but I may be thinking of people who are falsely accused, convicted, and then exonerated, which is different from being falsely accused and then acquitted or having the charges dropped. I suppose you would have to define "ruined". Bryant is still making money as a fabulous athlete. What it cost him emotionally is another subject, and how others will look at him in the future will never be quantified. And if he were not making so much money, the defense costs might have ruined him. Would you be looking for somebody who lost a job? Got beaten up by the accuser's family or friends? Became a drunk? Never got the kind of job he might otherwise have gotten? With most of these, it would be easy to say it was some other factor. Need definitions.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#108)
    by Talkleft Visitor on Wed May 03, 2006 at 05:54:35 PM EST
    Macromaniac, You wrote:
    While the accuser and the defendants are on trial in the court of public opinion (everyone not directly involved), the defendants are the people answering to charges in criminal court.
    You are making an extraordinary effort to obfuscate that point.
    I have explicitly stated in prior posts that the principle of "innocent until proven guilty" applies to jurors. You may consider that claim "obfuscation," but I think this idea actually clarifies our duty as discussants outside the courtroom. Our duty is simply to be fair to the disputants. We have no duty to prefer one story to the other, or to prefer, by some arbitrary rule, one disputant's innocence to another's.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#109)
    by Talkleft Visitor on Wed May 03, 2006 at 06:37:52 PM EST
    On the first DNA test being inconclusive, I see imho's point. The issue, however, is the specific context of this case. In his court filing that successfully compelled the 46 white players to give DNA, Nifong affirmed that the results would exonerate the innocent and clarify the guilty. He didn't say that he "hoped" this result would occur, or "maybe" it would occur. There are, as we've all learned over the last couple of weeks, lots of reasons why rapes can occur without any DNA evidence being left behind. But in this particular case, the DA himself assured the court that if DNA testing were done, it would clarify the guilty. So, unless the May 15 results are wholly different than the first round, it's rather hard for him to turn around and say that the lack of DNA evidence is irrelevant to the question of whether a crime was committed, since his initial court filing said exactly the opposite.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#110)
    by inmyhumbleopinion on Wed May 03, 2006 at 06:47:06 PM EST
    From the pbs link Teresa posted:
    We'll see what happens with that. He hinted, although it's unclear whether he said with absolute certainty, that they may have the identification of at least one suspect.
    At the time Nifong made that hint, I thought his hint was in reference to a photo identification. newsday.com May 3, 2006
    In an interview on MSNBC on Wednesday night, Nifong said he would personally try the case, which he said he expected to go to trial in the spring of 2007. Athough defense attorneys have said they have exculpatory evidence that Nifong ignored, the district attorney said it's "probably safe to say" that he has more evidence than has been released.
    "Well, one would hope that I would not be proceeding without some evidence," he said. "And there's a lot more evidence in the hands of the defense attorneys right now than most of the public knows about. And I expect that soon there will be more such evidence."
    He said the second round of DNA testing, expected back May 15, "has potential to be something significant."


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#111)
    by Talkleft Visitor on Wed May 03, 2006 at 07:02:02 PM EST
    I must have hit a nerve.
    You did. You set up a bullsh*t strawman. A few of us saw through your charade and called you on it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#112)
    by Teresa on Wed May 03, 2006 at 07:04:38 PM EST
    Athough defense attorneys have said they have exculpatory evidence that Nifong ignored, the district attorney said it's "probably safe to say" that he has more evidence than has been released.
    Is he saying that he DOES have some of the evidence the defense wanted to give him? Or just that he has more evidence than we and the defense know?
    "has potential to be something significant."
    He sure is setting himself up to look foolish if those results don't help his case.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#113)
    by Talkleft Visitor on Wed May 03, 2006 at 07:07:21 PM EST
    khartoum, you write:
    it's rather hard for him to turn around and say that the lack of DNA evidence is irrelevant to the question of whether a crime was committed, since his initial court filing said exactly the opposite.
    There's a nice symmetry to the argument you make here, but it unfortunately is not a symmetry that is mirrored in nature. The evidenciary gravitas of the presence of dna is obviously greater than the evidenciary gravitas of its absence. If Nifong claimed otherwise, it hardly matters. It only means he was wrong.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#114)
    by Teresa on Wed May 03, 2006 at 07:08:40 PM EST
    At the time Nifong made that hint, I thought his hint was in reference to a photo identification.
    I think you may be right. When I read it with the third paragraph he was probably talking about 1) a second round of tests and 2) a possible identification.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#115)
    by ding7777 on Wed May 03, 2006 at 07:13:56 PM EST
    to khartoum - the DNA being "inconclusive" is not unusual if there were multiple contibutors (i,e. gang rape), but in this case only 1 is accused of vaginal penetration so should the vaginal DNA still be "inconclusive"??? to Bob - I don't it could of happened after 12:30 since Kim called the police at 12:53 and the house was deserted by 12:55

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#116)
    by Talkleft Visitor on Wed May 03, 2006 at 07:15:33 PM EST
    I have explicitly stated in prior posts that the principle of "innocent until proven guilty" applies to jurors.
    No, innocent until proven guilty applies to the class of people in the US justice system known as defendants.
    You may consider that claim "obfuscation," but I think this idea actually clarifies our duty as discussants outside the courtroom.
    It is obfuscation because you have diverted the attention away from their presumed innocence to justify what you consider your "duty".
    Our duty is simply to be fair to the disputants. We have no duty to prefer one story to the other, or to prefer, by some arbitrary rule, one disputant's innocence to another's.
    Your "duty" is assumed.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#117)
    by inmyhumbleopinion on Wed May 03, 2006 at 07:40:47 PM EST
    Teresa posted:
    Is he saying that he DOES have some of the evidence the defense wanted to give him? Or just that he has more evidence than we and the defense know?
    Maybe he was asked something like: "The defense attorneys have said they have exculpatory evidence that you have not seen, do you have evidence that has not been released to the public?" And he answered "That's probably safe to say." What I find amusing about the defense attorneys complaining that he is refusing to look at their evidence is the fact that all he has to do is read the paper or turn on his TV to see their evidence. It doesn't look like they are holding anything back. In reference to: "has potential to be something significant." Teresa posted:
    He sure is setting himself up to look foolish if those results don't help his case.
    I agree, I'm sure he can get information/clarification from the SBI lab about the inconclusive results. Stuff they aren't going to write in the lab report because they are not conclusions, but leanings or theories. They must have told him what results he could expect to get from retesting, maybe even what odds he has of getting the desired result. I feel the same about the tox report. Which he must already have in his hands. He was hinting about the results of that also. I don't think he would stick his neck out like that after the first DNA result stunner. But you never know, some people never learn.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#118)
    by inmyhumbleopinion on Wed May 03, 2006 at 07:46:23 PM EST
    ding7777 posted:
    to khartoum - the DNA being "inconclusive" is not unusual if there were multiple contibutors (i,e. gang rape), but in this case only 1 is accused of vaginal penetration so should the vaginal DNA still be "inconclusive"???
    Think the inconclusive DNA was found under her fingernails. I don't know if it was the false nails found in the house, the false nails still attached to her fingers (if there were any still attached), or her real fingernails.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#119)
    by Talkleft Visitor on Wed May 03, 2006 at 07:58:25 PM EST
    khartoum -- You have stated the point that first caught my interest in following this case. Nifong seemed at least publicly very self-assured that the results of the DNA tests "would" exonerate the innocent and clarify the guilty. I took that to mean that he had doner DNA and the only thing left to do was ID the doner/s. I think a lot of people were stunned when he did not get a match, maybe including Nifong himself. I further took that to mean that he had evidence that sex -- perhaps rough sex -- had taken place that night. And if the AV claimed it was rape, then rape it was going to be from the point of view of the DA's office. Now Nifong may be having second thoughts about the AV's version of events, and maybe even how fast and how far he stuck out his own neck to defend her version of events. If indeed he has DNA evidence, but it points to someone else, then I think that Nifong will have a moral dilemma trying to convict three people who did not leave their DNA on the AV and exonerate anonymously another person who did.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#120)
    by Talkleft Visitor on Wed May 03, 2006 at 08:20:53 PM EST
    Here is one composite timeline from the courttv message board: timeline

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#121)
    by inmyhumbleopinion on Wed May 03, 2006 at 08:28:04 PM EST
    SLOphoto posted:
    I further took that to mean that he had evidence that sex -- perhaps rough sex -- had taken place that night. And if the AV claimed it was rape, then rape it was going to be from the point of view of the DA's office. Now Nifong may be having second thoughts about the AV's version of events, and maybe even how fast and how far he stuck out his own neck to defend her version of events.
    When the three players interviewed said there was no sex, Nifong must have licked his chops. Before that point, he must have thought the toughest part of this case would be the rape versus consensual paid sex issue SLOphoto posted:
    If indeed he has DNA evidence, but it points to someone else, then I think that Nifong will have a moral dilemma trying to convict three people who did not leave their DNA on the AV and exonerate anonymously another person who did.
    Do you really think that scenario would cause a moral dilema for Nifong? No one that knows him has even hinted that he is dishonet. Attorneys defending some of the players, that have known him for years, describe him as fair, honest, and ethical. Stubborn is the worst I've heard.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#122)
    by Talkleft Visitor on Wed May 03, 2006 at 08:37:16 PM EST
    IMHO -- Both good points. What I meant by the moral dilemma was that rape shield laws might prevent Nifong from using the other DNA as evidence, and in so doing he might have to present a case that would make it appear to a jury that she had not had sex with anyone else that evening, when Nifong would know that in fact she did.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#123)
    by Talkleft Visitor on Wed May 03, 2006 at 08:42:05 PM EST
    Macromaniac: You wrote:
    Your "duty" is assumed.
    That's true for everyone. But it doesn't mean that my idea of duty is arbitrary. One can do worse than to build a value system around the concept of "fundamental fairness." On the other hand, the "presumption of innocence" doesn't rise to the level of a value at all. It's a policy. And it's a policy people only enlist, in the outside world, when it's in their interest. Had Nifong chosen to charge the dancer from the get-go with filing a false police report, do you imagine that you would be arguing at this website that the Duke students had actually brutally raped her? On the grounds that she was innocent until proven guilty? If your answer is yes, what have you proven? Only that consistency is the hobgoblin of a foolish mind? If your answer is no, well, then you've admitted that the presumption of innocence is not a core value. One of the reasons that defense attorneys rank at about the level of used car salesmen in our society as far as trustworthiness goes is that defense attorneys come about as close as anyone can to treating the "presumption of innocence" as a value. What they lose in credibility from this policy they make up for in market share.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#124)
    by Talkleft Visitor on Wed May 03, 2006 at 09:35:48 PM EST
    But it doesn't mean that my idea of duty is arbitrary.
    Your idea of "duty" is arbitrary because it is your idea.
    On the other hand, the "presumption of innocence" doesn't rise to the level of a value at all. It's a policy. And it's a policy people only enlist, in the outside world, when it's in their interest.
    You need to get something straight about the presumption of innocence. It is not a policy, it is a legal right of the accused established in COFFIN v. U.S., 156 U.S. 432 (1895)
    The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law....
    Once again, you go to extraordinary lengths to obfuscate the presumption of innocence.
    Had Nifong chosen to charge the dancer from the get-go with filing a false police report, do you imagine that you would be arguing at this website that the Duke students had actually brutally raped her? On the grounds that she was innocent until proven guilty?
    This is irrelevant to the discussion and another attempt by you to obfuscate the presumption of innocence. Nifong did not charge the dancer with filing a false report; he has indicted two Duke Students. I am not going to play the "what if" game with you because it accomplishes nothing and further diverts the attention away from the issue at hand.
    One of the reasons that defense attorneys rank at about the level of used car salesmen in our society as far as trustworthiness goes is that defense attorneys come about as close as anyone can to treating the "presumption of innocence" as a value.
    Your contempt for defense attorneys shows your obvious bias towards this site and this case. The presumption of innocence is not a value; it is the law.
    What they lose in credibility from this policy they make up for in market share.
    The presumption of innocence is not a policy; it is the law.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#125)
    by wumhenry on Wed May 03, 2006 at 09:54:05 PM EST
    but anything much after 12:14 doesn't seem to involve [Seligman]
    Hell, anything much after 11:44 doesn't seem to involve Seligman, since the AV said the assault lasted for about 30 minutes. She also alleged that the crime was committed after she left the house and re-entered. According to the neighbor, Bissey, she re-entered at about 12:30. Question: if a defendant proves that he wasn't on the scene when the crime allegedly occurred, can the judge acquit him without exposing him to the whims, prejudices, and possible stupidity of a jury?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#126)
    by wumhenry on Wed May 03, 2006 at 10:07:21 PM EST
    And if the AV fingered someone with "100% certainty" from a photo lineup that included all the suspects but the defense proves that the guy was not present at the time, how could a judge in good conscience let the prosecutor take his case against any other defendant to the jury based on testimony from the AV that's not corroborated by any other witness?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#127)
    by inmyhumbleopinion on Wed May 03, 2006 at 10:09:43 PM EST
    wumhenry posted:
    Question: if a defendant proves that he wasn't on the scene when the crime allegedly occurred, can the judge acquit him without exposing him to the whims, prejudices, and possible stupidity of a jury?
    He can waive his right to be exposed to the whims, prejudices, and possible stupidity of a jury.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#128)
    by chew2 on Wed May 03, 2006 at 10:19:31 PM EST
    Richard,
    Chew2. Perhaps the reason there are no examples is that nobody bothers following the cases. As in, nobody cares.
    The claim is that the false claim of rape or the publicity of that false claim forever taints the accused, even if he is acquitted or the claim is withdrawn. If nobody is paying attention or cares, then that suggests the defendant will be able to get on with his life. But I thought someone might know of some examples, since they were so excited by how injurious a false accusation was and supposedly followed crime cases more than I do.
    Bryant is still making money as a fabulous athlete. What it cost him emotionally is another subject, and how others will look at him in the future will never be quantified
    Bryant is having great athletic and commercial success. He has new commercials and I belive a new shoe deal. He is being touted for MVP. His popularity seems pretty much restored. This even though he admitted having adulterous sex with the woman accuser. I read sports blogs, and while lots of guys love or hate Koby, almost none refer to him as a rapist as an insult. In any case, none of that is affecting his life as far as I can tell.
    Would you be looking for somebody who lost a job? Got beaten up by the accuser's family or friends? Became a drunk? Never got the kind of job he might otherwise have gotten?
    I was looking for any examples of taint or hurt from the publicity, lasting or otherwise, even though the accused had been acquitted or cleared. So far none of the men here who clamored about how unfair the poor lacrosse team were being treated in the press have come up with any examples. Some could only respond with childish insults, like Macromaniac. I'm still waiting for some examples, I've read references to other cases of athletes who have been cleared of rape, but I don't know whether their lives have been tainted or ruined.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#129)
    by chew2 on Wed May 03, 2006 at 10:38:58 PM EST
    SLOphoto
    If indeed he has DNA evidence, but it points to someone else,
    The rape shield law won't bar presenting evidence that the AV had sex with someone else that night. And if the DA knows this for a fact, he is obligated to disclose it to the defense. It's possible she could have had sex that night and still have been raped. If the DA thinks he can get a conviction I think he could still proceed. The rape shield statute, Ev. Code Sec. 412 (b)(2) permits such evidence of prior sexual behavior if it:
    Is evidence of specific instances of sexual behavior offered for the purpose of showing that the act or acts charged were not committed by the defendant;


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#130)
    by Teresa on Wed May 03, 2006 at 10:43:38 PM EST
    On tonight's Rita Crosby interview: She asked him about some people saying he hasn't seen the exculpatory evidence; he (Nifong)said he has seen it. (He didn't say from where.) He implied that an alibi for a time period that isn't the pertinent one isn't exculpatory. He also said that the defense has been given more evidence than they have made public and that they will be given more. He is confident that the case will go to trial and that the accuser will testify. I didn't see any crack in his confidence. He said he doesn't care what people think of him, that they don't know all the evidence (I think). We can read the transcript tomorrow and see if there was anything else important in it. I think it did clear up my question from the link imho posted a while ago about the defense evidence he was referring to.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#131)
    by JK on Wed May 03, 2006 at 11:13:05 PM EST
    chew, Re: examples of lives "ruined" by false accusations I thought this was an interesting challenge, and I spent a few minutes looking around on the internet to see if I could find any examples. One example I found was that of Giorgi Zedginidze, an Eastern European Harvard grad student accused of rape, acquitted, not let back into Harvard. Unfortunately, the story is somewhat old and I couldn't find any updated info. Here are the links: link More generally, I don't know how easy it is to find well-covered examples of persons acquitted of rape and the aftermath. Perhaps "ruined" is hyperbole in many cases (e.g., Kobe), but as a male I think going through that ordeal would have lasting negative effects on your reputation and life generally. [Ed. links must be in html format, we fixed this one. Instructions are in comment box]

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#132)
    by inmyhumbleopinion on Wed May 03, 2006 at 11:18:58 PM EST
    Rita Cosby Live and Direct May 3, 2006 (transcribed from video tape by imho) RITA COSBY: The defense is also saying that you ignored exculpatory evidence particularly in the case of Reade Seligmann a few days after the indictment came down. NIFONG: What is exculpatory or inculpatory evidence always depends on the context in which the evidence is offered. If somebody, for instance, offers an alibi with respect to one time, that does not necessarily help much with respect to another time. A lot of assumptions are made anytime the defense team offers what they say is exculpatory evidence with respect to what the state's case actually is and right now I don't believe the members of the defense team really understand what the state's case is, or to the extent that they do, they don't want to talk about that. RITA COSBY: They are saying maybe the wrong guy has been pulled - if he had seen the ATM records, if he had seen the surveillance video, the cab driver, all these things.. NIFONG: I have seen all those - I have seen all that, yes Ma'am RITA COSBY: Does that change your impression of who has been indicted? NIFONG: No, Ma'am. ~snip~ RITA COSBY: Do you think this woman will be able to handle it and move forward and actually make it to trial? NIFONG: I do RITA COSBY: You think she will be able to testify? NIFONG: I do ~snip~ NIFONG: May 15th is also the day we are expecting lab reports back on the second round of DNA testing that, obviously, also has the potential to be significant RITA COSBY: I believe you are someone who, maybe, has something more than the public knows. NIFONG: Well, one would hope that I would not be proceeding without some evidence and there is a lot more evidence in the hands of the defense attorneys , right now, than most of the public knows about and I expect that soon there will be more such evidence. RITA COSBY: Is it safe to say, just in general, that you have a lot more than we know about. NIFONG: I think that is probably pretty safe to say.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#133)
    by chew2 on Wed May 03, 2006 at 11:36:33 PM EST
    Jk, That was the type of example I was looking for. It sounds like Harvard treated him unfairly, although under their rules they possibly could have found him guilty even though he had been acquitted in a criminal court. Sort of like OJ losing the civil trial after being acquitted in the criminal trial. However, it doesn't appear that it was the publicity that hurt him, but the institution decisions of Harvard and the fact that he was a foreigner who wasn't entitled to stay here. There is a St. Johns University Basketball team alleged rape case which I read about in which the players were cleared and never charged, but one player was expelled and others suspended for the year because they had still broken school rules and had a history of infractions. I can't tell whether they will suffer lasting repercussions. There is another Florida State University case which was a feminist cause, in which a prostitute was filmed having sex with fraternity members. She alleged rape, but the police refused to prosecute and in fact arrested her. The fraternity supposedly distributed the video on the internet as a "fraternity rape tape" where there was the appearance of her being choked, without any repercussions to the fraternity. I suspect they suffered no lasting taint, but I couldn't find out what happened later.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#134)
    by Talkleft Visitor on Thu May 04, 2006 at 02:47:31 AM EST
    Hi Macromedia, You wrote:
    I am not going to play the "what if" game with you because it accomplishes nothing and further diverts the attention away from the issue at hand.
    Thought experiments are what they are. You wrote:
    You need to get something straight about the presumption of innocence. It is not a policy, it is a legal right of the accused
    I believe strongly in the instructions to the jury that they presume the innocence of the accused. What makes you think I think otherwise? If you are claiming that I am breaking the law if I presume someone to be guilty of a crime OUTSIDE of a courtroom, I disagree. The rights of conscience are inalienable. I know a woman who routinely presumes George Bush to be guilty of all sorts of things, for example. Doesn't she have a right to do that? You wrote:
    Your contempt for defense attorneys shows your obvious bias towards this site and this case.
    If I don't regard these particular defense attorneys highly, it's because I don't think they're any good. But I don't have any bias whatsoever against defense attorneydom as a whole. And I like the website fine. I've got no strong opinions on the guilt or innocence of the accused in this case.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#135)
    by Talkleft Visitor on Thu May 04, 2006 at 03:23:18 AM EST
    If you are claiming that I am breaking the law if I presume someone to be guilty of a crime OUTSIDE of a courtroom, I disagree. The rights of conscience are inalienable.
    I need to correct the statements I made in my previous post. The presumption of innocence is not a value; it is the right of a criminal defendant. The presumption of innocence is not a policy; it is the right of a criminal defendant.
    Thought experiments are what they are.
    Diversionary tactics is what they are.
    I believe strongly in the instructions to the jury that they presume the innocence of the accused. What makes you think I think otherwise?
    You are taking a defendant's fundamental right and trivializing it by calling it a policy. You are taking a defendant's fundamental right and detracting its intent by comparing it to a "value". What you are doing is obfuscating the meaning and intent of the "presumption of innocence".

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#136)
    by inmyhumbleopinion on Thu May 04, 2006 at 03:53:55 AM EST
    I just happened upon this while reading about the lacrosse case: Rape charge is double-edged
    The results can be devastating. In 1996, Los Angeles police officer Harris Scott Mintz was accused of rape by a woman in the neighborhood he patrolled and then by his own wife as well. At a pretrial hearing, the judge pronounced that he had no doubt about Mintz's guilt. Then Mintz's wife admitted that she made up the charge because she was angry at her husband for getting in trouble with the law; subsequently, Mintz's attorneys uncovered evidence that the first accuser had told an ex-roommate she had concocted the rape charge to sue the county and that she had tried a similar hoax before. By the time the case collapsed, Mintz had spent five months in jail.


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#137)
    by Talkleft Visitor on Thu May 04, 2006 at 04:03:20 AM EST
    Hi Macromaniac, You wrote:
    What you are doing is obfuscating the meaning and intent of the "presumption of innocence".
    I have an interpretation of the intent and meaning of "the presumption of innocence." But there's no "obfuscation" involved. I've articulated it quite clearly. Presuming the innocence of people charged with crimes is a mandate for jurors. It's not a mandate for prosecutors. It's not a mandate for defense attorneys. Its not a mandate for reporters. And its not a mandate for your average citizen trying to figure out what's "true". You seem to think that once a prosecutor brings charges against a defendant the society becomes obligated by law to regard that person as innocent until the facts come in. But there are an enormous number of good reasons not to do that. Should parents blindly send their kids on field trips with the school teacher who has just been charged with pedophilia? Great idea! Let's make it a law!

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#138)
    by inmyhumbleopinion on Thu May 04, 2006 at 04:15:25 AM EST
    No concession yet in DA race
    Nifong watched election returns Tuesday in a government building across the street from the courthouse. When his win became apparent, lawyer James "Butch" Williams, who represents one of the team captains, shook the district attorney's hand and put an arm around him.
    "My congratulations to him was personal," Williams said moments later. "Working a case, that's business."
    Another lawyer representing a team captain, Kerry Sutton, wore a yellow Nifong T-shirt and stood outside a polling location Tuesday pressing voters to support the incumbent.
    "I live in this county, and I work in this county, and I represent the people of this county," Sutton said. "Although I don't necessarily agree with every position that he took in this case, I have always thought he would be the best man for the job."


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#139)
    by Richard Aubrey on Thu May 04, 2006 at 05:49:06 AM EST
    I don't think Chew would accept the Mintz case. There is no quantifiable evidence about what happened to him after he got out of jail. Nobody knows how much he still owes his attorney, how his police career was affected, or whether he is clinically depressed, or extremely angry much of the time. I think Chew's looking for the kind of evidence that is conveniently unlikely to be available. While assuming that stuff like being thrown out of college, or spending five months in jail, or something like that has no consequences for one's life after it's over. First day out of jail for Mintz--sunny, bright, and no problems foreverafter.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#140)
    by inmyhumbleopinion on Thu May 04, 2006 at 06:09:02 AM EST
    Richard Aubrey posted:
    I don't think Chew would accept the Mintz case. There is no quantifiable evidence about what happened to him after he got out of jail.
    Mintz came out of it better off than he went in - he got rid of his wife (I hope).

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#141)
    by Jlvngstn on Thu May 04, 2006 at 06:11:50 AM EST
    IMHO - your respsonse is "You don't know what intellectual honesty is?" Ridiculous. You make a statement that you are only concerned with the "truth" and constantly pepper the accused in this case with insults and snide remarks, and attempt to flower the woman's car theft and police chase as a "bad interview". If you cared about the truth, you would report both sides equally but you don't. You want to see these "rich spoiled white kids fry" irrespective of their innocence. Are you really that ignorant or arrogant? Perhaps you should look up Wikipedia and find out what it means to Intellectually dishonest:
    Intellectual dishonesty is the creation of misleading impressions through the use of rhetoric, logical fallacy, fraud, or misrepresented evidence. It may stem from an ulterior motive, haste, sloppiness, or external pressure to reach a certain conclusion. The truth value of work may be lost as a result.
    Go back and read your editorials in your "truth findings" and try to have a shred of honesty with yourself. Chew2 - I gave you 5 or so names, do your own research. PB - You give us one case where media frenzy has "helped" and that is enough for you to say it is ok to verbally slaughter unjudged defendants? Depravity is a sickness that may be incurable. Chew2 - I would say that ruined is subjective until it is your life that is broadcast to the world as a rapist. Of course, you would never be in a house with strippers and would never allow this to happen to yourself but try to use the imaginative side of your brain if only for a brief moment.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#142)
    by Jlvngstn on Thu May 04, 2006 at 06:18:23 AM EST
    Had Nifong chosen to charge the dancer from the get-go with filing a false police report, do you imagine that you would be arguing at this website that the Duke students had actually brutally raped her? On the grounds that she was innocent until proven guilty? If your answer is yes, what have you proven? Only that consistency is the hobgoblin of a foolish mind? If your answer is no, well, then you've admitted that the presumption of innocence is not a core value.
    I love moronic comparisons. Either you are a hobgoblin with a foolish mind or "my proof is inevitable" How about, if she were charged with a false rape report, we would WANT her identity and presumption of innocence protected equally. How about, TL has not printed her name on this site, yet many other sites have.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#143)
    by Jlvngstn on Thu May 04, 2006 at 06:31:22 AM EST
    Chew2 - Relative to those falsely accused and serve time, most of those were not national cases nor did most of the defendants have access to they quality of defense counsel most of these men will have. If they are found not guilty or innocent what recourse do they have? Are you saying that coming out not guilty the whole US will say "gees those poor young men" or will 50% say "damn, rich whiteys getting away with it again" and the other half saying "damn black folks always trying to lynch an innocent lacrosse player?" Their lives are irrevocably changed for the worse, and they will be forever in tandem with the accusations, whether you are capable of seeing that far out or not. It is possible to care about the rights of all and still demand justice. I still say that your soul has a hole in it.....

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#144)
    by Jlvngstn on Thu May 04, 2006 at 06:35:53 AM EST
    PB - Perhaps I missed it, but when our founding fathers were discussing the presumption of innocence, were there 80 reporters in the room from 80 television stations broadcasting Jeffersons affair with one of his slaves? Just curious.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#145)
    by Jlvngstn on Thu May 04, 2006 at 06:45:13 AM EST
    You
    seem to think that once a prosecutor brings charges against a defendant the society becomes obligated by law to regard that person as innocent until the facts come in. But there are an enormous number of good reasons not to do that. Should parents blindly send their kids on field trips with the school teacher who has just been charged with pedophilia? Great idea!
    No, the police notify the school administration and the teacher is placed confidentially on administrative leave until the matter is cleared. No kids are at risk, the teacher gets to defEnd themself, and the publics thirst for gossip goes back to Tom Cruise and George Bush. There is a case for a reasonable estimation of safety for the children and the presumption of innocence should take precedent over the publics right to gossip.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#146)
    by Bob In Pacifica on Thu May 04, 2006 at 06:48:49 AM EST
    Teresa, I was out at a union meeting last night so I missed everything from 5:30 on. Your post on the timeline at 5:36: My garbled point was that they entered at 11:30 and they were seen going into the building again by Bissey around midnight. That means that if you believe Bissey, they would have reentered the house at midnight. Therefore, if you go with the timeline that puts the two dancers into the party at 11:30, the AV was raped, the two women leave, and then reenter at midnight, you have the rape victim going back into the house after she was raped. That doesn't make sense. Regarding Roberts' version of the timeline, there is one version where Roberts and the AV go into house at 11:30. I don't know if Roberts has agreed with this. There is much floating around that appears to attribute various information and time to various players in this play. My point is that it seems unlikely to me that they entered at 11:30 because of the things I pointed out, and so IF Roberts is saying 11:30 and IF that's when the rape occurred then we have a victim standing at the door waiting to reenter the house and being let in around midnight AFTER she had been raped. That strikes me as very unlikely. If the two entered at 11:30 and the victim wasn't raped during that half-hour period we are back to the time constraints of the rape having to have occurred between approximately midnight and twelve-thirty. We also have a half-hour of interaction between the strippers and the attendees for which there is no explanation or comment by any of the players. If Roberts (or more appropriately, Nifong) is saying that they entered at 11:30 there would have to be an explanation of what occurred during that period and an explanation of Bissey's observations at midnight. If Roberts is saying that they first went into the house at 11:30 and didn't enter until around midnight, then she's got some explaining to do. There, I've really confused myself. I guess I'm saying that I don't think that the two strippers entered the house at 11:30. Comments about what evidence the defense chooses to provide to the public is taken into consideration.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#147)
    by Bob In Pacifica on Thu May 04, 2006 at 07:01:41 AM EST
    A problem with the "mixing of DNA" theory as to the lack of evidence with the first round of testing: Not to get too gross here, but we're talking about two potential sources of semen in three different locations. From what we know of the AV's version of events, one guy was in front of her, the other was in back of her. The third did not participate sexually but held her for the other two rapists. Therefore, DNA collected from mouth swabs should only be Seligmann's unless we're missing big parts of the story. Only Finnerty's should be found in the two other locations. Maybe there is contamination between her own DNA and her assailants' DNA, but if the extent of the AV's rape is what we've heard in the news, cross-contamination between two assailants doesn't seem to be part of the story. Somebody correct me.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#148)
    by Bob In Pacifica on Thu May 04, 2006 at 07:13:10 AM EST
    Regarding chew2's exercise about men's lives not being "ruined" by false rape charges only as an exercise is showing that some posters, in defense of the defendants, are being overly dramatic, I guess the point is accepted. We have a lot of rhetoric. Unfortunately, in running her exercise chew2 has made herself look like a pretty uncaring person, at least for males who suffer injustice. It's common sense that anyone accused of a crime which he or she did not commit suffers something. How much someone suffers, how much he is ruined, all depends on the circumstances, the person's resources, the person's inner strengths and weaknesses. Many people who suffered the horrors of Auschwitz were emotionally destroyed for their entire lives, others seemed to go on with their lives without a problem. That doesn't mean that Auschwitz wasn't evil or that the latter didn't suffer. So in order to rein in others' verbal excesses to deny negative consequences of false prosecution was a pretty lame exercise. It revealed more about chew2 than those she chose to expose and embarrass.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#149)
    by chew2 on Thu May 04, 2006 at 07:18:04 AM EST
    Show Me The Money, Many of the (white) men who have so vociferously defended the Lacrosse team have said the publicity of this case has caused everybody to assume the whole team are guilty. (that's a false charge, no one on this site is assuming any one on the team is guilty). They then claim that the publicity of this rape charge will forever taint them and ruin their lives, the whole team not just the accused, even if acquitted or the charges are shown to be false. So I ask for examples of lives ruined because of such negative notoriety. Obviously there are costs, mental and financial, to defending yourself. But it's also very possible that if those charges are shown to be unfounded, the accused will not suffer any lasting taint and can get on with their lives. Kobe Bryant is an example who has suffered no lasting taint, and it's not even clear he wasn't in fact guilty. Clearly wealth helps. The two accused lacrosse players, are out on bail. A poorer defendant would be in jail. People have short memories. They may only remember this incident for a year. Who here even remembers the names of the team members. Alan Iverson, the NBA star, was accused of threatening an acquaintance with a gun and beating his wife and throwing her out naked in the cold. Who holds that against him now, even in Philadelphia. I'm sure there may be examples to the contrary, and that's what I was looking for. Instead I got over the top insults.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#150)
    by Talkleft Visitor on Thu May 04, 2006 at 07:22:30 AM EST
    I'm sure there may be examples to the contrary, and that's what I was looking for. Instead I got over the top insults.
    That is because you created a bullsh*t strawman.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#151)
    by Lora on Thu May 04, 2006 at 07:25:26 AM EST
    Could someone help me find a reference? I am looking for the original article on Nifong's "hooligan" speech. I think, although I am not sure, it is the one in which he mentioned vaginal and anal bruising (that's what I'm looking for). I've combed the comments on all the lacrosse threads here, and googled till my eyes are googly, and I cannot find it. I can find scads of articles about that speech, with some quotes, but for the life of me, I can't find the original. If anyone can help me out, I'd appreciate it. btw, are we limited to one link per post? I may have missed them, but I couldn't find a couple of comments that I remembered had many links in them (one of mine and one of imho's in particular).

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#152)
    by Bob In Pacifica on Thu May 04, 2006 at 07:35:10 AM EST
    chew2, you don't know Kobe Bryant. You don't have access to his mind. You are still talking out of your ass.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#153)
    by inmyhumbleopinion on Thu May 04, 2006 at 07:49:29 AM EST
    Jlvngstn posted:
    IMHO - your respsonse is "You don't know what intellectual honesty is?"
    No, that's not what I said. I said I do think you know what it means. imho posted:
    I think you know what intellectual dishonesty means. The above is not an example of it.
    The charges you list below are not an example of intellectual dishonesty: Jlvngstn posted:
    I think you have been intellectually dishonest because you have not provided any positive information about the men in this case, yet have provided flowery statements about the victim. Again I ask, are you being intellectually honest?
    You cut and pasted the definition, but did you read and understand it? If you did and you are knowingly trying to pass off the above charges as intellectual dishonesty, then it is you who is being intellectually dishonest.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#154)
    by chew2 on Thu May 04, 2006 at 07:57:58 AM EST
    Bob, I never said men weren't hurt by false rape charges. That's your own false characterization. This is what you made up.
    I guess you can believe that being falsely accused of rape is not harmful
    Then this:
    [to] deny negative consequences of false prosecution was a pretty lame exercise
    I said no such thing. I only ask for evidence or examples of lasting taint from the negative publicity. I did say this:
    Examples would help show how badly some defendant might be hurt by a false accusation of rape even though acquitted, and whether their lives are permanently ruined and tainted as some have claimed. The lack of examples would suggest these claims are overblown. But I'm still hopeful we can find some examples to evaluate other than Kobe.
    Rather than honestly address the question or present evidence, you speak of southern lynchings and the psychic harm from Auschwitz. Then you engage in a personal attack that I'm "uncaring" based on a false characterization. Pretty lame in my book. But at least you didn't claim I was "schizophrenic"; or was "depraved" like that over the top JV guy. LOL! Not to mention Macromania's incoherent and inane cries of "strawman" "strawman". Show me the money Macromania. Show me some examples of defendants who were tainted by the notoriety.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#155)
    by Talkleft Visitor on Thu May 04, 2006 at 08:14:04 AM EST
    Not to mention Macromania's incoherent and inane cries of "strawman" "strawman". Show me the money Macromania. Show me some examples of defendants who were tainted by the notoriety.
    In an earlier comment, I clearly showed how you created and refuted your strawman. There is nothing incoherent or inane about me calling your sham argument a strawman because that is what it is. It is your own fault for using such a p*ss poor rhetorical technique.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#156)
    by chew2 on Thu May 04, 2006 at 08:48:50 AM EST
    IMHO,
    Mintz came out of it better off than he went in - he got rid of his wife (I hope).
    The mysteries of the human heart. An LAT article says Mintz and his wife reconciled by the time the charges were dismissed, but he hadn't yet decided whether to reapply for his job. BTW that editorial writer you linked to is a self styled politically conservative libertarian feminist. Some have questioned her characterization of the case, in particular whether the judge made those prejudicial comments.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#157)
    by Talkleft Visitor on Thu May 04, 2006 at 08:52:49 AM EST
    Interestingly, in the case Orinoco cites, Pagones was investigated yet never indicted (which was certainly a good thing). From what I am able to discern it appears as if the process exposed the accusation to be a false accusation, and the young woman who made the scurrilous accusations (along with her shameless attorneys) lost the resutling civil suit filed against them and further, were ordered to pay Pagones hundreds of thousands of dollars. Pagones went on to become an assistant state attorney general.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#158)
    by Jlvngstn on Thu May 04, 2006 at 08:58:56 AM EST
    Which part of the definition are you failing to understand? That your claim of finding only the truth is inconsistent with your claim that you are not objective? How can you be committed to finding the truth and not be objective? how can you dispense editorial negative rhetoric about the young men and be committed to finding the truth. Unless I hear otherwise from another poster that my argument if daft, I will assume you are incapable of recognizing your hypocrisy.....

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#159)
    by chew2 on Thu May 04, 2006 at 09:07:03 AM EST
    Macromania,
    In an earlier comment, I clearly showed how you created and refuted your strawman.
    It's your earlier comment that was incoherent. So show me the money. Show me some evidence of notoriety causing taint. Don't hide behind some "strawman" rhetorical characterization as an excuse. Orinoco Thanks for an example. So how was Pagones tainted? He scored several hundred thousand dollars in a defamation suit, and went on to become an assistant attorney general. Wiki Stepen Pagones

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#160)
    by Jlvngstn on Thu May 04, 2006 at 09:12:58 AM EST
    After all, you are not "only committed to finding the truth" you are committed to painting the men in a negative light and the woman in as positive a light as possible. Which of course, there is nothing wrong with that provided you retract your "committment to the truth" or is it that you did not say "the truth the whole truth and nothing but the truth" so there is an exemption? Sort of like what the definition of is, is.?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#161)
    by chew2 on Thu May 04, 2006 at 09:15:02 AM EST
    JV
    Unless I hear otherwise from another poster that my argument if daft, I will assume you are incapable of recognizing your hypocrisy.....
    Your argument is daft. LOL! Plus you certainly appear to me biased yourself.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#162)
    by wumhenry on Thu May 04, 2006 at 09:59:03 AM EST
    they entered at 11:30 and they were seen going into the building again by Bissey around midnight. That means that if you believe Bissey, they would have reentered the house at midnight.
    According to a news report I read, Bissey said it was about 12:30 when they re-entered the house.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#163)
    by wumhenry on Thu May 04, 2006 at 10:11:23 AM EST
    They then claim that the publicity of this rape charge will forever taint them and ruin their lives, the whole team not just the accused, even if acquitted or the charges are shown to be false. So I ask for examples of lives ruined because of such negative notoriety.
    According to my daughter, who is a sophomore at Duke, two unindicted seniors who are members of the lacrosse team and had accepted job offers received "dear John" letters from the erstwhile employers after the case hit the headlines. Chew2: your rhetorical momentum may compel you to poo-poo this, but I doubt you'd have taken it lightly if it had happened to *you*.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#164)
    by inmyhumbleopinion on Thu May 04, 2006 at 10:17:58 AM EST
    Jlvngstn posted:
    After all, you are not "only committed to finding the truth" you are committed to painting the men in a negative light and the woman in as positive a light as possible. Which of course, there is nothing wrong with that provided you retract your "committment to the truth" or is it that you did not say "the truth the whole truth and nothing but the truth" so there is an exemption? Sort of like what the definition of is, is.?
    That's not what I said. This is what I said:
    My sympathies lie with the truth.
    I don't know who is telling the truth here.
    Read the definition of intellectual dishonesty. The example you gave does not qualify. I don't think you are going to find anyone here to agree with you that it does:
    I think you have been intellectually dishonest because you have not provided any positive information about the men in this case, yet have provided flowery statements about the victim. Again I ask, are you being intellectually honest?
    Where's the "rhetoric, logical fallacy, fraud, or misrepresented evidence?" They're not in your characterization of my comments nor are they in my actual comments. Maybe, now, you wish you had called me a hypocrite. Though you'd still have to prove that my posting about the players' lack of cooperation with the police and my defending the accused from scurrilous, and often inaccurate comments is inconsistent with saying my sympathies lie with the truth. It is my ever so humble opinion that if the players' cooperate and the accuser is not intimidated into not going forward with the case, our chances of uncovering the truth of what happened that night are greatly increased.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#165)
    by Bob In Pacifica on Thu May 04, 2006 at 10:17:58 AM EST
    wumhenry, until we there are depositions revealed and people going up on the stand to testify we probably won't know any reliable timeline. It serves the defense to nail down an exact time and then prove that their clients couldn't have been involved based on alibis. On the other hand we have Nifong keeping his cards close to his vest. His statement of a couple days ago said that no one knows his timeline. Throw on top of that one of the posters here, I believe, who said that Bissey couldn't see the backdoor of the house from his front porch. So did he observe the back door of the Buchanan house from another location, did he hear talking and the back door open and close? We don't know. There are several competing timelines. I think the earliest puts them going in at 11:30, which doesn't dovetail with Bissey's observations.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#166)
    by Talkleft Visitor on Thu May 04, 2006 at 10:20:21 AM EST
    Unless those cameras the police confiscated show the actual rape happened in the bathroom, I don't see how Nifong without DNA evidence could link the rape to the two indicted. When Nifong said that any evidence could be exculpatory or inculpatory depending on the context. That does indicates to me that he is going to turn everything into a matter of "interpreting" the evidence. Basically I think Nifong is all rhetoric, and hasn't done much real investigation.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#167)
    by chew2 on Thu May 04, 2006 at 10:21:12 AM EST
    According to my daughter, who is a sophomore at Duke, two unindicted seniors who are members of the lacrosse team and had accepted job offers received "dear John" letters from the erstwhile employers after the case hit the headlines. Chew2: your rhetorical momentum may compel you to poo-poo this, but I doubt you'd have taken it lightly if it had happened to *you*.
    No I don't disbelieve that could occur, assuming it was because of the rape publicity and not for other reasons. Syracuse's lacrosse team has refused to accept a transfer from one of the top Duke players. They are under a cloud of suspicion still. No one has been acquitted, nor have the charges been shown to be false yet. Plus other misconduct has been revealed by this case, and some, including myself, may hold their wall of silence against them.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#168)
    by Bob In Pacifica on Thu May 04, 2006 at 10:27:03 AM EST
    When I talked about the problems with a theory of cross-contamination among the DNA of the alleged assailants, I said "semen," but DNA could have come from abraided skin, blood or other tissue from the alleged assailants. If the AV said this guy put it here and that guy put it there and there, then there wouldn't be cross-contamination between the two men as far as I can see. I also find it curious that she wouldn't scratch Seligmann, but would scratch Assailant X. If Seligmann were directly in front of her and Finnerty directly in back of her Assailant X would have had to have been to her side. I'm not saying that she couldn't have scratched Assailant X, just that the easiest target would be Seligmann, not the guy to her side behind her head. She wasn't limited to just one target.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#169)
    by Jlvngstn on Thu May 04, 2006 at 10:29:24 AM EST
    chew2 - I am biased but not hypocritical. See my comments on printing the alleged victims name in this blog. I don't feel you are all that objective so forgive me for not taking yours to heart. I think the men should not have their names released and the woman should maintain her privacy as well. I also think that if there were a false allegation, she should receive mental health, not criminal prosecution. IMHO - I will go back and cut and paste the exact descriptions of the men and the woman in this case to prove your intellectual dishonesty relative to your argument that your sympathies lie with the truth, because they do not.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#170)
    by Talkleft Visitor on Thu May 04, 2006 at 10:34:13 AM EST
    No I don't disbelieve that could occur, assuming it was because of the rape publicity and not for other reasons.
    Wumhenry, Behold, the power of rhetorical momentum.
    Plus other misconduct has been revealed by this case, and some, including myself, may hold their wall of silence against them.
    Enough said...

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#171)
    by inmyhumbleopinion on Thu May 04, 2006 at 10:35:17 AM EST
    wumhenry posted:
    According to my daughter, who is a sophomore at Duke, two unindicted seniors who are members of the lacrosse team and had accepted job offers received "dear John" letters from the erstwhile employers after the case hit the headlines. Chew2: your rhetorical momentum may compel you to poo-poo this, but I doubt you'd have taken it lightly if it had happened to *you*.
    The case didn't make headlines until the whole team, including the three that had already given statements to the police, decided to not cooperate with the investigators. What don't people get about the unseemliness of the players' exercising their "right to remain silent?" The players have that right and their prospective employers have a right to base their judgment of their job candidate's character on the choices he makes.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#172)
    by Peaches on Thu May 04, 2006 at 10:37:29 AM EST
    I will go back and cut and paste the exact descriptions of the men and the woman in this case to prove your intellectual dishonesty relative to your argument that your sympathies lie with the truth, because they do not.
    JLV, This is going to be difficult as long as none of us know exactly what the truth is in this case--no matter what the outcome of this investigation or case, should it go to trial. When someones says their sympathies lie with the truth, this is not really something that can be proved or disproved. Since, Truth is an ambiguous term. Take a couple of philosophy courses. Read Wittgenstein, Nietzsche, or Dewey, that will really mess up your head. Rorty argues that Truth is not something that can be proven, but rather is reached through social consensus and rhetorical persuasion. If this is the case, then IMHO participation in this conversation is evidence enough that his or her sympathies lie with the truth--even if the statement is meaningless.

    Kobe Bryant is an example who has suffered no lasting taint
    I only ask for evidence or examples of lasting taint from the negative publicity.
    This is really getting kind of silly, chew2, but here's my last comment on the subject. Sports Illustrated came in the mail yesterday. Lance Armstrong was on the cover, and my wife's dad died from cancer when she was young, so my wife, who ordinarily never reads SI, opened it up. On one of the first pages was a picture of Kobe. "Ugh" she said and made a face. "What's wrong?" I asked. "He's a raper." she said. "He was aquitted." I said. "Really?" she said. "Really." I said. "Well," she said, "he still cheated on his wife." True example of Kobe's lasting taint - although this one, authored by you, chew2, yourself, is perhaps the best of all:
    and it's not even clear he [Kobe] wasn't in fact guilty
    Lasting taint.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#174)
    by inmyhumbleopinion on Thu May 04, 2006 at 10:39:39 AM EST
    Jlvngstn posted:
    IMHO - I will go back and cut and paste the exact descriptions of the men and the woman in this case to prove your intellectual dishonesty relative to your argument that your sympathies lie with the truth, because they do not.
    LOL! Have at it! Better have someone explain "intellectual dishonesty" to you first. It might save you some time.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#175)
    by wumhenry on Thu May 04, 2006 at 10:40:23 AM EST
    So how was Pagones tainted? He scored several hundred thousand dollars in a defamation suit, and went on to become an assistant attorney general.
    How many years elapsed between the libel and his vindication? The bad feelings in the interim -- the humiliation, the burning resentment of having been unjustly accused, the anxiety about the outcome, the pain of being snubbed by people who were unwilling to give him the benefit of the doubt or who did not want to seem in sympathy a person who many people regarded as a raper and a notorious racist, the nights of tossing and turning, the simple pleasures of life spoiled by intruding thoughts of his predicament and its consequences -- none of that counts for anything? BTW, are you sure that Reverend whatshisname paid up? I read that he stiffed Pagones for a long time after the libel judgement was rendered.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#176)
    by Bob In Pacifica on Thu May 04, 2006 at 10:43:04 AM EST
    mmyy, we don't know what evidence Nifong has, but I agree that what Nifong says often sounds like false bravado. At the outset he helped to pump up the case by making broad public pronouncements about the existence of a crime and the guilt of his targets without benefit of the DNA evidence. He's still playing tough guy, only now he's blaming the defense attorneys for taking up the public debate. The questions of character and trustworthiness of the accused and accuser go to explain why they may or may not be telling the truth about what happened. We don't know of any corroborating witnesses to the AV's story. With just her testimony, without demonstrable physical evidence (DNA, photos, an unknown witness) to back her story that a rape happened in that bathroom by those individuals, I doubt that this goes to trial. With that evidence, I would expect a conviction.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#177)
    by inmyhumbleopinion on Thu May 04, 2006 at 10:46:15 AM EST
    Peaches posted:
    If this is the case, then IMHO participation in this conversation is evidence enough that his or her sympathies lie with the truth--even if the statement is meaningless.
    Thank you, Peaches. If I was as articulate as you, I would not have wasted so much time refuting Jlvngstn's posts.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#178)
    by Richard Aubrey on Thu May 04, 2006 at 10:46:56 AM EST
    Revvum Al ain't paid up. Pagones has a worthless piece of paper saying something about a couple of hundred thousand dollars he'll never see. Sharpton has been playing the quasi-bankruptcy game. He owns nothing. His friends or his pastorate--whatever that is--support him and it's all expenses, not any of it salary. Al's got the good rep where it counts, for him, such as in the democratic party and on televison talk shows. Pagones is a "who?". I think we're getting a clearer picture of what Chew needs to see before admitting false rape accusations are a long-lasting problem.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#179)
    by Teresa on Thu May 04, 2006 at 10:48:41 AM EST
    If the two entered at 11:30 and the victim wasn't raped during that half-hour period we are back to the time constraints of the rape having to have occurred between approximately midnight and twelve-thirty.
    Bob, whenever they entered the house, the alleged rape would have to be after 12:00 (if the picture times are accurate) and after Bissey saw them enter at 11:50 or so. I think we agree on this. It's going to take some strong evidence from Nifong to convice me that Reade Seligmann could have participated.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#180)
    by chew2 on Thu May 04, 2006 at 11:04:01 AM EST
    SUO, I'd like to think your wife was a feminist (or a good Christian woman who frowned on adultery). -) I gather you are a sports fan? Do you honestly believe that any significant number of sports fans hold that prior rape allegation against Kobe now, and don't you honestly think it is rapidly fading away. Do you honestly believe that Kobe's commercial popularity, as evidenced by his picture on the cover of SI, has not recovered or soon will? If you do, then we'll just have to disagree. BTW Kobe wasn't acquitted. The complainant refused to testify and Kobe issued an appology and settled the civil suit. Do you think the sex between Kobe and the accuser was consensual? ps: I just read these sort of comments on a basketball board re Kobe: "How can you root for that arrogant pr*ck - he raped a white woman" "white woman deserve it" I assume they were joking and I bet they'll buy his shoes.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#181)
    by Bob In Pacifica on Thu May 04, 2006 at 11:08:21 AM EST
    wumhenry et al, chew2 has said that she was trying to prove defenders of the accused were exaggerating when they said that a false rape charge would "ruin" the lives of the accused. If she had just said, "Come on, let's not exaggerate, we don't know how these charges, if proven false, will affect these individuals," then there wouldn't have been too much of a beef. We can't predict the outcome of a false rape charge, or even if the charge is false in this case. Where chew2 went wrong was to suggest that no one can prove that, under her narrow guidelines, that any man falsely accused of rape had his life "ruined." It's a stupid argument. I could say, Scottsboro Boys, and then, as she tends to do, she would either discount the tribulations of false accusation, or narrow it again by saying, well, falsely accused but not falsely convicted, or limit the test cases to "white males." chew2 tends to mention white males a lot in her diatribes. Jews were falsely convicted of "raping" Aryan women in Germany and died for it. Ah, but they were falsely convicted, not falsely accused. You see? chew2, in her mind, cannot lose this argument. In short, chew2's is a stupid argument to make. It shows more about chew2's hostility and prejudice against males generally and "white males" specifically than any information about life outcomes after being falsely charged with rape. She discounts the suffering of men just like rapists discount the suffering of their victims. Dehumanizing classes of people is not a part of a rational argument. She's bogus here. Let her whimper and flame out. Then when she comes back she can talk about the case again. I forgive you, chew2.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#182)
    by chew2 on Thu May 04, 2006 at 11:15:28 AM EST
    Richard, Ah its all about Sharpton. Richard, your white male resentment of those undeserving black folks comes through. Why am I not surprised. So are you claiming Pagones has sufferred some lasting taint? His cause seems to be championed by all the politically conservative white males.

    You asked about Kobe taint, chew2. It's real and it exists, whether or not you choose to accept it. I feel like I'm having a discussion with the late jesurgilsac or whatever her name was...

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#184)
    by chew2 on Thu May 04, 2006 at 11:22:49 AM EST
    Bob, Your veering off into fantasy land now:
    I could say, Scottsboro Boys, and then, as she tends to do, she would either discount the tribulations of false accusation, or narrow it again by saying, well, falsely accused but not falsely convicted, or limit the test cases to "white males."
    We are talking about the Duke lacrosse team rape case. We are talking about the publicity surrounding that case and how it will impact their lives, should the charges be shown false. So of course I'm asking for examples that apply to that case. You on the other hand seem to want to talk about the suffering of all mankind - holocaust, Scottsborough boys, what next?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#185)
    by Bob In Pacifica on Thu May 04, 2006 at 11:23:26 AM EST
    Teresa, exactly. We do agree. I don't see how the rape could have happened before midnight. But things did happen between 11:30 and 12. We know the attendees were drinking in the house. I wonder what events occurred around Roberts and the AV between 11:30 and midnight. Here are a few possibilities: 1.) Roberts waits in her car until the AV shows up around ten to twelve. They go to the house and enter around midnight. This would fit in nicely with Bissey's observations. 2.) Roberts arrives at 11, the AV arrives near 11:30. The two go to the house around ten minutes to twelve. This timeline leaves the problem of why the two strippers sat out in the car for a half hour before entering the house. Since they didn't know each other, small talk and catching up on gossip doesn't appear likely. Smoking dope or crack? More likely, but just speculation. This, I think, still fits in with Bissey's observations. 3.) Roberts and the AV enter the house at eleven-thirty. This doesn't jibe with Bissey. It doesn't explain the lack of photos of the strippers prior to midnight, doesn't explain what they were doing inside, doesn't explain why they would reenter the house at ten to midnight if they had already entered and a rape had occurred. I think #1 is the most likely, #3 the least likely. Even with the #3 scenario we agree that a rape before midnight doesn't seem to be possible. So we're copacetic, Teresa?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#186)
    by chew2 on Thu May 04, 2006 at 11:25:30 AM EST
    SUO,
    You asked about Kobe taint, chew2. It's real and it exists, whether or not you choose to accept it.
    Well then that settles that! We'll just have to agree to disagree.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#187)
    by Bob In Pacifica on Thu May 04, 2006 at 11:26:22 AM EST
    chew2, I forgive you for again moving the goalposts. It's okay, you'll get better. Once you recognize your racism you can overcome it. Orinoco doesn't want us to feed you anymore, so please don't chew on this post.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#188)
    by Teresa on Thu May 04, 2006 at 11:39:44 AM EST
    I've lost the point of this argument. Is it about whether or not to make the names of the accused public before they are found guilty of anything? Bob, don't let the lack of pictures interfere with our timeline speculation. We've only seen the pictures the defense wants us to see. Their arrival time is only critical when we are trying to guess what time they left and returned. If they did arrive by 11:30 there is plenty of time to get mad and leave and be coaxed back in to dance by just after midnight. She wanted back in for her shoe/money at 12:30 but we don't know if she was let in or not. I thought some of the defense say that the guys locked the door to keep her out. At least that's what the friends of the players say. So her second entry to the house, per the search warrant would have to be earlier than that if it is correct.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#189)
    by Bob In Pacifica on Thu May 04, 2006 at 11:59:35 AM EST
    Teresa, I wasn't talking about the names of the accused and I didn't think I was arguing with you. I thought we were copacetic. I agree that we've only seen pictures that the defense has released. The defense timeline says that the strippers entered at midnight. Bissey agrees. If the two strippers entered at 11:30 and the rape occurred, you could say that the defense would want to hide photos suggesting the AV disappeared for some time, but the rest of the comings and goings don't fit with the rape happening that early. So when I referred to there being no photos of the two strippers in the house between 11:30 and midnight, I was already presuming that no rape occurred before midnight. There would be little point in suppressing photos of the strippers between 11:30 and 12 if the rape couldn't have happened then so the defense would not suppress them. Putting the rape at 11:30 still has the problem of Bissey seeing them at the door going in at midnight. Therefore, the strippers did not enter the house for the first time until midnight, and no rape occurred before midnight. I think. This reminds me of an old Star Trek episode with time travel. Or Groundhog Day.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#190)
    by Jlvngstn on Thu May 04, 2006 at 12:04:35 PM EST
    Peaches, if what you said were accurate I would agree with your assessment, and referring to Nietzche or Dewey in support of your argument is asinine. I will try to explain it laymens terms in order that you will understand it, and being that my preferences lie with DesCartes would it be more enlightening for you to explain via his thought process? As Descartes saw it, truth is yielded by a connection of ideas as we see the world, conversely deception would invariably be the result of imperfection. I will assume that you have heard of Rene and perhaps maybe might have read a thing or two he penned. So please let me know if you need further explanation. Being that truth is invariably the result of our interpretation of our surroundings and the influencing factors therein, an argument can be made that a group of reasoned debaters could examine the evidence presented and determine if the yield is of the will or understanding. I would argue that the understanding here takes precedent as a statement relative to the search for truth was unequivocally tied to the argument of objectivity. Being that we have ruled out will in the argument, I would submit that the quest for the truth in this matter, unabashed and unadulterated by the word ONLY in IMHO's statement, is the relevant argument. I would suggest if you are committed to using Nietzsche and x is never equal to y, that we start the debate over entirely and ask what the motivations are behind the search for truth in order that we can have a reasonable expectation of distortion by each participating debater. Peaches, I have no idea what your educational background is, and I do appreciate the argument, but let's not limit ourselves to Nitz after all, Socrates and DesCartes were instrumental in his development by proxie and in my estimation far more impactful on society as a whole. But that of course is the truth as I see it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#191)
    by Peaches on Thu May 04, 2006 at 12:06:30 PM EST
    All these over a drunken false accusation with no evidence and a very malicious, calculating albeit incompetent DA.
    I'll give you credit, Orinico, That certainly is one possibility. Another possibility is that the accuser was drugged, gang-raped, and most of the Duke Lacrosse team knows it. We have been speculating since day one. If a false allegation was made, I will go ahead and say the boys were wronged. I don't think their lives will be ruined anymore than they already have, from whatever upbringing lead them to hire the strippers and yell racial insults and ask them to use a broom for a vibrator, in the first place. That said, a false allegation is not a good thing. However, niether is rape. In fact, if we are ever to find out the truth of what happened that night, the rape scenario should cause much more outrage than the false allegation scenario. There are a lot of people here wanting to yell and scream IMHO and Chew2 into irrelevance, and decide this investigation based upon their own bias's. SUO made a reference to Chew2 sounding like jesurg. This is ridiculous and he knows it. He can't get his wife to agree with him, so he takes it out on Chewy. I have one bit of advice for him and the rest of the white males who want to believe a false allegation was made. You should listen to your wives. They know more than you think about rape and false allegations. Still, these players may be falsely accused of rape. I have learned a few things from posters arguing from both sides of this issue. IMHO and Chew2 have brought a lot of interesting and relevant points to the discussion. So, has Bob in P. Most of the time the converwsation is interesting, although speculative. Orinico, You have added zilch, so don't tell Chew2 to keep quiet. Keep your unsupported opinions to yourself. And, Kobes jerseys are now selling at the same pace they were before the allegations were made against him, he has almost pulled an upset of the Suns, He is a great b-bal player who I am glad was acquited -so I can watch him play (and hate him as I always have, not because he is a rapist, but because he doesn't pass the ball), and he just gave birth to a baby daughter by his wife--so lets hope he learned his lesson.

    SUO made a reference to Chew2 sounding like jesurg. This is ridiculous and he knows it.
    Actually, Peaches, the above quoted comment of yours is ridiculous, and you know it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#193)
    by Lora on Thu May 04, 2006 at 12:13:56 PM EST
    Many members of the whole group of partyers appear to have behaved very badly that night in general, and the whole team had been warned to curtail their rowdy activities. While none of this can even come close to an accusation of rape, nevertheless some part of their damaged/ruined reputations could have been influenced by their behavior in general. If they were indeed a team which showed exemplary behavior, the accusations of rape against two of its members might not have worked against them quite so much, and I believe more people would have remembered and honored their duty to consider them innocent until proven guilty. I'm not excusing, only giving a possible explanation for the extent of the damage done to their reputations.

    If they were indeed a team which showed exemplary behavior, the accusations of rape against two of its members might not have worked against them quite so much
    Actually, I wonder if they had a history of showing "exemplary behavior" if the allegations wouldn't have worked against them even more. Our society seems to love to see the mighty or righteous or whatever fall from grace...

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#195)
    by Peaches on Thu May 04, 2006 at 12:20:47 PM EST
    Peaches, if what you said were accurate I would agree with your assessment, and referring to Nietzche or Dewey in support of your argument is asinine.
    Well, Jonathon, we might want to bring this to a philosophy blog. But, lets just say that Dewey and Nietzsche are post-descarte. They turned Platos and Renes ideas about truth on its head. It all began with Hegel and ends up with the post-moderns, like Derrida and Rorty. Plato believed that Truth was somewhere out there to be discovered and there was a view from somewhere where men could discover this truth. Subsequent philosphers took up trying to discover what this thing called Truth was. Descartes used his evil genious argument. Kant postulated similar means at discovering truth. However, Hegel started question whether Truth was really something to be discovered or if it was in fact made by Man. Nietzsche, Wittengestein, and the pragmatists (James, Pierce and Dewey) took this further. So, you can disagree with me about Truth, Jonathon -because many philosophers are still sympathetic with Plato and Descartes-- but saying my call to Dewey and Nietzsche for support in my view that Truth is made through social consensus rather than discovered; to say that is assinine, well, that only makes me sigh, and mutter to myself, "oh, well."

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#196)
    by Teresa on Thu May 04, 2006 at 12:21:53 PM EST
    :) Bob, that first paragraph wasn't directed at you. I can't remember the reason for the disagreement between Chew and the others. Neither of us think a rape may have occurred before 12:00, right? But I am not sure when they arrived, if it even matters. Bissey saw them enter between 11:50 and 12:00 but we don't know if that was for the second time or not. The only reason that matters is because the police report says they left, then returned and got separated. I'm just not sure what time the return was. Was it when Bissey saw them enter or was it 12:30 when the accuser was alone trying to enter the house (and not allowed in per the defense). That question is key to me because the guys say they went to the bathroom and stayed there for 20 minutes while they put money under the door to get them to leave. (Wouldn't that have been a funny picture to show everyone?) The police report says they left and came back in to dance after the apology. Which is it? I am more confused than ever.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#197)
    by Richard Aubrey on Thu May 04, 2006 at 12:28:31 PM EST
    Lora. I agree. Character, and a good reputation, are bankable. Never know when you'll need it. It is unfortunate that peer group pressure has such power at that age, especially when the behaviors it points toward are, themselves, kind of fun. Having played lacrosse years ago, I will say that smash-mouth athletes are hard-charging, forthright, hard to handle young men. It is particularly difficult to get them aimed toward civilization. That's one reason why, under sergeants, they are frequently used to preserve the rest of society. But if they don't have any particular mean streak, they will be able to become better than average citizens. But in the meanwhile, without adult supervision (you listening, coach?), they can screw themselves up big time.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#198)
    by Jlvngstn on Thu May 04, 2006 at 12:40:42 PM EST
    Peaches, you are obviously in the Descartes is irrelevant camp and I am in the Nitz couldn't hold his boxers camp. I realize calling your argument asinine was too rich to pass up and I am sorry I put it in. That said, I notice you ignore the rest of the argument, why is that? this is not a philosophy board so we do not have to debate philosophy, however I do believe your statement about taking a philosophy course was insulting being that you have no idear the extent of my studies in that regard. I will cede that argument relevant to intellectual honesty, struck a chord with you and will not take exception to it..

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#200)
    by Peaches on Thu May 04, 2006 at 12:42:58 PM EST
    Orinico, To your first point: I never siad those things were illegal, just a symptom of poor upbringing. Second: I don't know the context where any racist remarks are appropriate. I don't use them. Third: as I said we are all speculating. The only theing that has to do with the accused is that they are accused of rape. Either this accusation is false or it is true. If it is true, then they are rapist. If it is false they have been falsely accused. Who cares what you or I believe. That fact is niether of us know what is ture and both possibilities are just that--possibilities. Finally, Kobe learned his lesson if he has learned to remain true to his wife. He just had a baby daughter. I assume that means he has regained some of the value of being in a committed relationship and honoring his wife as well as his children. That is the most important lesson. Any arguments with that?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#201)
    by Talkleft Visitor on Thu May 04, 2006 at 12:43:26 PM EST
    Nifong is playing this thing to the end, but I still think that he will drop this case and it will not go to trial. In the next week or so, we will be hearing a very good alibi for Colin Finnerty, now I inderstand why some of these cases go to trial. LIke how the DA in the Michael Jackson case brought so much attention to his DA office, and all the lawyers got involved, and everybody had a chance ot make money. At the expense of course of the taxpayers who are paying for the court time, and investigations. Nifong is doing the exact same thing. And he can do this, and not have to deal with anyone slapping him on the hand... By the time all of this is over we will not have the truth, becuz some will believe she was raped, and other will believe that she wasnt... Because Nifong will never go out and investigate a false allegation. And that to me is sad, cuz this woman gets to get away with a crime.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#202)
    by azbballfan on Thu May 04, 2006 at 12:46:21 PM EST
    Chew2, On a side note, you've posted here an opinion about the assumed guilt of Kobe Bryant in that case. Kobe had sex outside his marriage, which he gets public condemnation for (and certainly is paying for with his wife). However, those of you who wish to claim he forced himself on the gal may want to read the transcripts of the "two sides of the story". Here's the transcript of Kobe's initial police interview: Kobe's interview Here's the testimony which gives her side of the story: Accuser's story Both stories are consistent. Both agree on the following: The gal and Kobe flirted Kobe asked for a personal tour - She returned to his room and they continued to flirt He asks about a visible tatoo and she mentions she has another in a more seductive location They both kiss and fondle each other Kobe asks to see the second tatoo She turns around and lifts up her skirt From there, that's where the stories part. He claims he pulled her panties down and they started to have sex. He claims that he asked to finish on her face and she said no so he stopped. He claims she asked for a stack of autographs and he put her off saying he'd comply the next day. (Her story concurs with this) She claims he forceably pulled off her panties and raped her. This is a gal who's friends reported she was obsessed with having sex with celebrities and whose mother worked closely with the prosecutors office. Sounds awfully like this might have happened:A Sad story

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#203)
    by Peaches on Thu May 04, 2006 at 12:47:35 PM EST
    Jlv, No insult was intended and no offense was taken. I ignored the rest of your argument, because we don't have time. Maybe over coffee some time. Discussing philosophy is like discussing religion. It is only fun with your closest friends and when you have a lot of time to waste. But, that said, my original point was not intended as an insult, but as a light warning that you would have some difficulty proving that IMHO was not sympathetic to the truth. I stand by that and not becase I think IMHO has any special relation to truth, but on philosophical grounds only.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#204)
    by Jlvngstn on Thu May 04, 2006 at 12:53:10 PM EST
    Cool Peaches, I led with a flame because I am partial to Descartes your points noted, but I still prefer Rene...... The qualifier for me was the use of "only" which would stipulate a lack of editorializing or insults toward the men. Truth is relative to nurture and nature unless it is qualified with a connector.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#205)
    by Teresa on Thu May 04, 2006 at 12:59:53 PM EST
    In the next week or so, we will be hearing a very good alibi for Colin Finnerty
    Give it up supa. Do you have some inside information for us?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#206)
    by chew2 on Thu May 04, 2006 at 01:08:40 PM EST
    azbballfan
    He is a great b-bal player who I am glad was acquited -so I can watch him play (and hate him as I always have, not because he is a rapist, but because he doesn't pass the ball)
    I will always hate him, because he's an arrogant Laker. I'm rooting for Nash and the Suns. I didn't assume his guilt, only said he "might have been guilty" because JVL conceded that point and because of his appology which was posted on this thread. I didn't really follow the case that closely, although I seem to recollect the accuser was trashed pretty badly. But I do think he is well on his way to leaving that episode behind him.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#207)
    by Peaches on Thu May 04, 2006 at 01:09:30 PM EST
    Orinico, Whatever, dude. I have no idea what you are talking about or where you are going. Goal posts? Are you really that stupid? I hope not. Kobe cheated on his wife. That is a big deal. Dig? Is it rape? Obviously not. But, the charges for rape were dropped. So, he has a second chance, not only at bball, but at being a good husband and father. That is called learning a valuable lesson in life. We either learn from our mistakes or we keep repeating them. The same can be said about the Lacrosse boys. Whether or not they committed rape, mistakes were made that night.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#208)
    by chew2 on Thu May 04, 2006 at 01:11:04 PM EST
    azbballfan ps what did the rape kit reveal in the Kobe case? I seem to recall scurilous rumors of anal penetration. And btw did Kobe have a condom?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#209)
    by Richard Aubrey on Thu May 04, 2006 at 01:21:28 PM EST
    Let's presume Nifong just drops the case. Will the players be considered "exonerated", or will they be considered likely rapists who managed to beat the rap? Speaking of general public views, here.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#210)
    by chew2 on Thu May 04, 2006 at 01:22:15 PM EST
    Teresa,
    I can't remember the reason for the disagreement between Chew and the others.
    I can't remember now either. *Smile* Wait I know it was because I asked this question:
    I was looking for defendants who were acquitted. A lot of the men here who are taking the side of the lacrosse team members, were crying about how the taint of such a false accusation would hurt them forever even if they were acquitted. I just wanted to see some examples of that. Examples would help show how badly some defendant might be hurt by a false accusation of rape even though acquitted, and whether their lives are permanently ruined and tainted as some have claimed.
    Show Me The Money!

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#212)
    by Peaches on Thu May 04, 2006 at 01:25:24 PM EST
    Have you no decency? At long last, have you no compassion? Have you no sense of justice?
    Now, that is fricken funny. I thought you were being serious. My bad. You're a comedian.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#213)
    by Talkleft Visitor on Thu May 04, 2006 at 01:27:10 PM EST
    Orinoco
    Also could anyone answer my question about the possibility of disbarring Nifong upthread?
    There's not a chance of Nifong being disbarred. If there's enough evidence to convince a grand jury to indict, there's definitely enough evidence for a prosecutor ethically pursue a case. The alleged misconduct by Nifong is 1) pursuing a weak case and 2) publically expressing his conviction that a crime occured before the full investigation was complete. Whether this behavior is unethical is at best uncertain. Prosecutors are allowed to pursue cases that they might lose and they're allowed to publically comment on ongoing investigations. None of Nifong's conduct warrants disbarring a veteran prosecutor with a sterling reputation. To get disbarred he'd have to do something pretty extreme, like hiding or tampering with exculpatory evidence. And Nifong's case isn't that weak. He has a victim that can point to each defendant and say with 100% certainty, "that's the man who raped me." He has a SANE nurse, who has probably dealt with hundreds of rape victims, that can testify that the victim's injuries are consistent with rape. He probably has photos that show these injuries and they will look brutal. He may even have evidence sugggesting that the woman was drugged. The best evidence the defense has is that the AV initially said the assault lasted 30 minutes, but one of the defendants was only available to commit it for 15. Explaining that away isn't going to be real hard - when you're being beaten and gang raped, maybe 15 minutes feels like 30? Sounds plausible to me.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#214)
    by inmyhumbleopinion on Thu May 04, 2006 at 01:32:34 PM EST
    Bissey's midnight sighting of the women going inside (if he can even see the door from his vantage point) is obviously at least a few minutes off (unless this is a re-entry and the dancing photo timestamps are off). Newsweek April 24, 2006
    The accuser is dropped off at about 11:45, about a half hour after the other (second) stripper arrived. By midnight, according to a photo, the two are almost naked on the beige carpet in front of their visibly happy audience.
    The women were almost naked at midnight? [12:00:12 a.m. The first picture of the dancers. The accuser, wearing pink and white lace lingerie, is lying face down on the floor] I know Bissey said the accuser showed up in a short skirt, but Bissey said the second dancer was dressed more conservatively. The second dancer and the defense agree the women were given drinks. Kim says the accuser drank one and a half drinks. The drinking and a quick peeling off of Kim's clothes had to have taken place before that 12:00:12 photo unless the accuser finished off her drink in the bathroom (if they even went in there together).

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#215)
    by Bob In Pacifica on Thu May 04, 2006 at 01:44:41 PM EST
    Teresa, this is how I thought it went, which would fit with what we know of both the DA's and defense's timelines: The women enter the house for the first time at midnight. They dance for three minutes, one of the knucklehead drunks in the audience makes the broom (or maybe lacrosse stick) reference. They leave around 12:03. One of the men at the house goes out and apologizes to the two strippers, who then reenter the house. That would be somewhere between 12:05 and 12:10. At that point the two strippers get separated; or both hide in the bathroom; or Roberts goes somewhere in the house where she doesn't see the AV getting raped; or the AV hides in the bathroom, Roberts goes to another room and some of the attendees who think that both strippers are in the bathroom slip money under the door. Sometime around 12:30 the two women leave, and then the AV tries to get back into the house to get her shoe and other personal belongings there. As I understand it. +++ For a rape to have occurred with this timeline would require the AV to try to reenter the house for a third time after she had been raped. That sounds unlikely to me. That would require the AV to be unconscious of a rape occurring minutes before and the violent physical assault her attackers made. Then leaving with Roberts and going to the car without mentioning it. Then trying to get back into the house where she was just violently raped and beaten, and then announcing she was raped two hours later. She certainly was unconscious after the party, and she may very well have had a blackout, which could explain her not remembering that she had been beaten and raped in the house she was trying to get into after 12:30. But then how can you trust her IDs of Seligmann and Finnerty? Short: If she didn't know she had been raped at 12:35, how did she know two hours later? The drug wears off? If she were so high during that time, how can you trust her IDs?

    Seligmann is Jewish? He went to a Catholic HS.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#217)
    by Talkleft Visitor on Thu May 04, 2006 at 01:58:50 PM EST
    Orinoco
    Nifong directed the very questionable photo array.
    The lineup situtation was sloppy lawyering/police work (since it's either going to be inadmissible or torn apart by the defense), but it's not illegal or even unethical.
    Nifong might have shared evidence with the Black Panthers, an anti-semitic org in a case involving a semi-jewish person (Seliegeman).
    There's not much evidence supporting this one. If Nifong won't share information with the press or voters, why would he go out of his way to share it with a divisive organization. Do you really think Nifong is a big fan of that sort of group or wants to be associated with them? He's a 20-year prosecutor, not some raving liberal.
    Also by fanning racial flames (46/47 DNA even though there are members not in Durham, NCCU pep rally, 70 interviews), he might have infringed the civil rights of the two defendants.
    Nifong was a little overzealous in talking to the press. But as a practical matter, the difference between 70 interviews and 1 press conference isn't really that big. It's not like he was saying anything different at any of those interviews and he certainly didn't name either of the suspects. As for the NCCU pep rally, I think that was an approaiate thing for a prosecutor to do, especially when there were so many questions about why he hadn't brought charges yet. A prosecutor is accountable to the community, especially an elected prosecutor. In hindsight, he could have handled the situation better, but that's about as far as I'd go with it. Taking so many DNA samples isn't that likely to cause problems. It opens the door for a challenge to getting the evidence admitted, but that's about it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#218)
    by Bob In Pacifica on Thu May 04, 2006 at 02:11:42 PM EST
    huesofblue, like I've said before, the AV's ID is going to be under a lot of scrutiny. She said she could 100% ID two of them a few days later from a pool of pictures only including Duke lacrosse players. But only minutes after the rape and beating she was trying to get back into the house? That doesn't make sense. A woman who was violently beaten and raped minutes before is all alone trying to get back into the house where it happened? She was drugged? Well, if the prosecution maintains that the reason why she didn't still remember that she'd been raped and beaten five minutes after it happened is that she was so drugged up, who's going to believe what she claims she observed five minutes earlier? Who's going to believe that her identification a couple days later is any good? All of this is before we consider Seligmann's alibi information. +++ From what little I've heard, Finnerty's alibi is that he was having a fabulous burrito at the Cosmic Cantina at the time of the alleged rape. If he comes forward with that, one would presume his lawyers have lined up witnesses at the restaurant. That's why I (and Teresa, I think) am saying that Nifong had better have a witness, DNA, or other physical evidence. Otherwise, this case is lost.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#219)
    by azbballfan on Thu May 04, 2006 at 02:13:58 PM EST
    huesofblue:
    Nifong was a little overzealous in talking to the press. But as a practical matter, the difference between 70 interviews and 1 press conference isn't really that big. It's not like he was saying anything different at any of those interviews and he certainly didn't name either of the suspects.
    Excellent point. Nifong has proven that he is not very media savvy and doesn't understand the importance of soundbite statements like "conducted 70 interviews". With 70 interviews, you would expect us to know a lot more about the prosecution's case than what we do know. All we claim to know pretty much has come from defense side leaks of warrants. The defense team is doing a masterful job of trying this case before it ever gets to trial.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#220)
    by Teresa on Thu May 04, 2006 at 02:19:00 PM EST
    Orinoco, the search warrant for Ryan M.'s room says according to medical reports the accuser has signs, symptoms and injuries consistent with vaginal and anal rape. Furthermore, the SANE nurse states the injuries and behavior are consistent with a traumatic experience. I think your writer assumed the furthermore sentence was the only reference to the nurse's statement and reports when actually that was in addition to the rest of her report. www.thesmokinggun.com Bob, according to this warrant, the women arrived around 11:30.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#221)
    by inmyhumbleopinion on Thu May 04, 2006 at 02:19:52 PM EST
    Seligmann is Jewish? He went to a Catholic HS.
    The motion to dimiss Nifong states he has one Jewish parent.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#222)
    by wumhenry on Thu May 04, 2006 at 02:20:15 PM EST
    If they did arrive by 11:30 there is plenty of time to get mad and leave and be coaxed back in to dance by just after midnight. She wanted back in for her shoe/money at 12:30 but we don't know if she was let in or not.
    Again, Bissey said they went back into the house at about 12:30. The account in the search warrant, which must have come from the accuser, said that she was raped after she re-entered the house. I don't think it said anything about her going back in a third time after she was raped.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#223)
    by Teresa on Thu May 04, 2006 at 02:26:39 PM EST
    Again, Bissey said they went back into the house at about 12:30
    wumhenry, Bissey said she wanted to go and get her shoe (and I think her money) at 12:30. He didn't see her go in and the friends of the guys say she was locked out. My speculation was that when Bissey saw her enter between 11:50 and 12:00 that she was entering then for the second time.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#224)
    by Bob In Pacifica on Thu May 04, 2006 at 02:28:06 PM EST
    Orinoco, Was the photo array really three weeks after the rape? I find that hard to believe. If that's true, everything I said about the AV's dubious IDs is multiplied. Regarding your 2:41 post, the quote about "traumatic experience" versus "vaginal tearing" is another unknown point. There has been a poster here whom I shall not name who has been very loud about the proof of the nurse's examination based on Nifong's several snippets. I have said that falling and bumping into walls would be consistent with a beating. I guess we'll have to wait for the report and how it's interpreted in court. But vaginal tearing, if there were tearing, in and of itself doesn't prove Seligmann and Finnerty raped her, or even that a rape occurred. Nifong had better have something else.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#225)
    by Teresa on Thu May 04, 2006 at 02:31:02 PM EST
    That's why I (and Teresa, I think) am saying that Nifong had better have a witness, DNA, or other physical evidence. Otherwise, this case is lost.
    Bob, Dan Abrams stated today that he has seen the DNA reports and that some of it is inconclusive. Without something positive in the second test or a witness from the team, I agree, it's a lost case.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#226)
    by Teresa on Thu May 04, 2006 at 02:36:39 PM EST
    There has been a poster here whom I shall not name who has been very loud about the proof of the nurse's examination based on Nifong's several snippets
    I think you are referring to Lora, but most of what she says is confirmed in my post above about the search warrant statement. I haven't read anywhere that there was actually "tearing" in the vagina but I have heard several talking heads say that. That may just be their assumption. Did you read my link above to refresh your memory about the search warrant? I left the room for a while before I hit post and your latest post was below my linked post.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#227)
    by inmyhumbleopinion on Thu May 04, 2006 at 02:37:49 PM EST
    The defense team is doing a masterful job of trying this case before it ever gets to trial.
    I think they are making a tacticle error, unless they can draw Nifong out so he starts blabbing again and gives up something useful to the defense. He talked, a little, last night with Rita Cosby, but not much more than hints about unreleased evidence and dismissing Reade's alibi.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#228)
    by wumhenry on Thu May 04, 2006 at 02:38:25 PM EST
    The lineup situtation was sloppy ... but it's not illegal or even unethical.
    Sloppy? That implies that the stacking of the deck, contrary to usual procedure, was merely inadvertent. How do you know that? Recall that before they conducted the photo lineup, the police went into a dorm without a warrant to talk to lacrosse players who were represented by attorneys, without notifying the attorneys, and what they wanted to find out, and apparently did find out, was which members of the team were *not* present. It seems fairly obvious that there was a premeditated plan to limit the lineup to people who were at the party, to minimize any chance that the accuser would trip herself up by fingering someone who could prove he wasn't there.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#229)
    by azbballfan on Thu May 04, 2006 at 02:39:04 PM EST
    These boys will be exonerated in court. The sex was consensual and the boys have receipts to prove it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#230)
    by Talkleft Visitor on Thu May 04, 2006 at 02:40:00 PM EST
    Hi JLvngstn, You wrote:
    PB - You give us one case where media frenzy has "helped" and that is enough for you to say it is ok to verbally slaughter unjudged defendants?
    I've never, of course, actually claimed that it is "ok to verbally slaughter unjudged defendants." But I am happy to proclaim that it is okay with the following proviso... that when you verbally slaughter unjudged defendants, you turn out to be telling the truth. False verbal slaughter isn't ok with me. Nor are prior restraints on the truth. You wrote:
    No, the police notify the school administration and the teacher is placed confidentially on administrative leave until the matter is cleared. No kids are at risk, the teacher gets to defEnd themself, and the publics thirst for gossip goes back to Tom Cruise and George Bush.
    And when the kid who claims to have been raped by his teacher prints 30,000 postcards and sends them to everyone in the community proclaiming the teacher, by name, to be a rapist, just what do you do about it? Do you arrest him? For violating the JLvnstn Defendant Shield Law? I wouldn't. I like the first amendment.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#231)
    by Teresa on Thu May 04, 2006 at 02:44:48 PM EST
    Orinoco, Do you agree that Mr. Taylor was wrong about the nurse's report? I don't disagree with much of what he wrote but he was wrong on that.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#232)
    by Jlvngstn on Thu May 04, 2006 at 02:47:39 PM EST
    PB - when that kid mails them out, that kid is not making money off of the mailing, in fact he is losing money. That said, I love the first amendment as well, but the presumption of innocence is a pretty important thing as well. Works in England and ought to work here. It is easier to prove slander and libel if the verbal assault happens after the trial, why so impatient??? Again, what good is this doing for our society?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#233)
    by Jlvngstn on Thu May 04, 2006 at 02:49:17 PM EST
    I do not care for the jlvngstn shield law. I do however prefer the PB elimination of gossip about a presumed innocent party from getting nationally assaulted verbally law.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#234)
    by chew2 on Thu May 04, 2006 at 02:58:59 PM EST
    Teresa & Orinoco
    Orinoco, the search warrant for Ryan M.'s room says according to medical reports the accuser has signs, symptoms and injuries consistent with vaginal and anal rape. Furthermore, the SANE nurse states the injuries and behavior are consistent with a traumatic experience.
    The "has signs, symptoms and injuries consistent with vaginal and anal rape" language was a characterization by the DA. The "signs of trauma" language was a characterizatoin attributed to the SANE nurse. Why? Because a SANE nurse isn't qualified to render an opinion on whether the injuries were consistent with rape, according to a SANE manual posted on the Lordsutch blog. That's a characterization that has to be made by another expert (not sure who). The nurse was only qualified to comment on trauma. So it looks like Nifong is being legally careful here. I'm not absolutely sure of this interpretation, so take it for what it is worth. BTW Stuart Taylor is a politically conservative legal analyst, who has supported every right wing position that's come down the pike in the last few years. Again no surprise that he is taking the side of the powerful and privileged here. Notice how he starts out with the same refrain of how all the media is trashing the poor Duke lacrosse team, then proceeds to trash the DA's case using the facts reported in those same media reports. He does seems privy to evidence in the possession of the defense attorneys: 1) the "limp white d*ck comment", of course the boys would never use the N* word. LOL! 2) the claim that the photos are from a digital camera with "tamper proof" meta data recording. The professor on the lordsutch blog explained how such time stamps could be easily altered. I have no way of telling whether he was correct.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#235)
    by Bob In Pacifica on Thu May 04, 2006 at 03:01:06 PM EST
    Teresa, the search warrant says that the AV arrived and met Roberts at 11:30. That time applies in the sentence only to when the AV met Roberts. What time did they go into the house? The next sentence is: "The victim reported they began to perform their routine inside the residence." It's not clear from the language of the search warrant when the performance started or even when they first entered. Did it start at 11:30, then the women were insulted and they left and then they returned at 11:50 and were let back in at midnight and then the rape occurred? Then why the photos of the women dancing between 12:00 and 12:03? That would mean that they weren't separated when they came back into the house. At least not until after they had returned and began dancing again. It would still leave the window of opportunity for the rape sometime after 12:03 to about 12:30 which would give Seligmann a minute or two. No mention in any scenario I've seen of Seligmann leaving the rape early. If the AV is saying that the dancing began at 11:30 and it really began at midnight, that would further go against her reliability. If they entered the house around 11:30 it gives a little more time for any drug in her drink to work, but otherwise does not move the time of the rape anywhere. All other problems with the midnight scenario apply.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#236)
    by Bob In Pacifica on Thu May 04, 2006 at 03:06:09 PM EST
    I believe azbballfan said a while back that traces of date rape drugs are sufficient to prove rape in a court of law in Arizona, even without physical proof of rape. I was wondering how the law reads in North Carolina. If it's the same, who gets charged with rape? The guy who made the drinks? The guy who handed the strippers the drinks? Can it be proven that the guy who made the drinks put anything in there? In a case where there is one man and one woman I could see it being pretty easy to figure out who did it. But in a house with forty people? Just thinking about this.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#237)
    by wumhenry on Thu May 04, 2006 at 03:13:06 PM EST
    I don't think the police did find out who was at the party. Otherwise Reade wouldn't be charged.
    But he *was* at the party. Apparently the cops didn't think of asking whether anyone who was there when the strippers arrived left while they were still on the premises.
    Also, wasn't the police invasion after the photo array.
    No.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#238)
    by Bob In Pacifica on Thu May 04, 2006 at 03:18:29 PM EST
    Teresa, actually it wasn't Lora I referenced, but no matter. I think the blog by the conservative guy was a good summation for the defense but his language about the rape report might have been a tad incomplete and not exactly right. Actually, I've said all along that we haven't seen the rape report and won't hear direct testimony and cross-examination about it until a trial and so what little Nifong has released is to promote his position. We have to wait for the rest.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#239)
    by azbballfan on Thu May 04, 2006 at 03:27:36 PM EST
    chew2,
    Why? Because a SANE nurse isn't qualified to render an opinion on whether the injuries were consistent with rape, according to a SANE manual posted on the Lordsutch blog.
    Just to nit pick a bit - the Lordsutch post quotes a Mass. dept of health publication which states: "***SANEs do not determine whether or not a sexual assault has occurred" Which is true - SANE does not determine whether a sexual assault has occurred, it presents the medical evidence which indicates whether or not it is consistent with sexual assault. That comes from a guideline from a Mass. dept of health publication. The same dept of health website lauds the use of SANE testimony to establish facts consistent with rape. If you go to the USDOJ site, they laud the use of SANE reports. If you go to the North Carolina site, they have a similar disclaimer that SANE reports, in of themselves, do not establish whether or not a sexual assualt occurred. SANE's were created by a group of nurses who decided to standardize the way a patient is treated and evidence is collected to protect the patient and improve upon the quality of evidence collected. Again, just a nit.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#240)
    by Talkleft Visitor on Thu May 04, 2006 at 03:32:53 PM EST
    wumhenry
    Sloppy? That implies that the stacking of the deck, contrary to usual procedure, was merely inadvertent. How do you know that?
    Obviously, I don't know. My guess is that they figured there were 37 innocent people in the line up and three that were guilty. In a normal line up a person isn't asked to pick out of a crowd of 37 innocent people. While it is suggestive, it's not unprecedented to have victims go through books of mug shots of criminals in the area that have committed similar crimes. I don't know if they mix fake mugshots into those books, but if they do, I doubt it's 50/50.
    Recall that before they conducted the photo lineup, the police went into a dorm without a warrant to talk to lacrosse players who were represented by attorneys, without notifying the attorneys, and what they wanted to find out, and apparently did find out, was which members of the team were *not* present.
    Everyone makes a big deal out this when I'm not sure that it actually is a big deal. The cops didn't have search warrants, becasue they didn't need them. As a police officer, you are allowed to go to the home of a witness to ask follow-up questions, even if that witness has retained an attorney. Miranda only applies if you've been taken into custody and the 6th amendment right to counsel doesn't apply if you haven't been charged with anything. My guess is that the cops were trying to get this information as a way of testing the validity of the AV's ID. If she picked someone who was never at the party and the DA brought an indictment against that person it would be the end of the case.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#241)
    by Bob In Pacifica on Thu May 04, 2006 at 03:40:01 PM EST
    Orinoco, I have to admit you are slamming Nifong pretty good here. I have tended to curb my criticism of his handling of the case because I don't know what he has. But you're right. The April 14 search seemed like a panic move, and his explanation is dubious. Maybe false. I will ask this again. Why wouldn't Nifong bring some of the lacrosse players in front of the grand jury if he wants to compel testimony? If he knows which ones didn't commit the rape, they couldn't claim the fifth, right? Am I right? Could it be at this late date that Nifong doesn't know who did what?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#242)
    by wumhenry on Thu May 04, 2006 at 03:40:12 PM EST
    Unless and until proven otherwise, it's reasonable to presume that Nifong supervised the photo lineup, given the obvious importance of the case to his rep and career prospects. Which leads me to wonder whether the fingering of a guy who just happened to have a prior police record for assault (presumably not commonplace among "privileged" Dukies) was a lucky hit. Would a DA who's not above orchestrating and/or condoning deck-stacking in a photo lineup stoop so low as to tell the accuser before she made her picks which guy had the record? Maybe so.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#243)
    by chew2 on Thu May 04, 2006 at 03:40:12 PM EST
    azzbballfan
    Just to nit pick a bit
    Nit noted. My memory of that discusion wasn't precise, and in fact you've jogged my memory. The language you quote suggests that the SANE nurse could opine on injuries consistent with rape. So now I'm unsure. BTW in keeping with Stuart Taylor, my Laker sources tell me Kobe "has a limp d*ck".

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#244)
    by Talkleft Visitor on Thu May 04, 2006 at 03:43:57 PM EST
    believe azbballfan said a while back that traces of date rape drugs are sufficient to prove rape in a court of law in Arizona, even without physical proof of rape.
    The burden of proof is going to be the same in every state - the prosecutor has to prove every element of a crime beyond a reasonable doubt. My guess is that the Arizona case was one where there was evidence of sex but not evidence trauma. The guy probably argued it was consensual and the jury convicted anways. On appeal I'm sure the court held that evidence of the drug was sufficient to prove lack of consent. The holding wouldn't relieve the prosecution from its burden of proof regarding the identity of the assailant.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#245)
    by azbballfan on Thu May 04, 2006 at 03:47:55 PM EST
    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#246)
    by wumhenry on Thu May 04, 2006 at 03:50:14 PM EST
    My guess is that the cops were trying to get this information as a way of testing the validity of the AV's ID.
    You're assuming without explanation that the photo lineup was conducted before the questioning. Yet the questioning in the dorm was reported in the press several days before it was reported that the accuser had identified alleged perps from photos.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#247)
    by azbballfan on Thu May 04, 2006 at 03:51:16 PM EST
    huesofblue: It's not a case which established the law. Actually, Arizona Statutes clearly state in the definition of rape, that giving controlled substances or drugs to someone with the intent of inducing them to have sex is rape. Under a severely technical interpretation, giving someone a drink and asking them if they want to have sex could be construed as rape. Weird.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#248)
    by wumhenry on Thu May 04, 2006 at 03:51:43 PM EST
    My guess is that the cops were trying to get this information as a way of testing the validity of the AV's ID.
    You're assuming without explanation that the photo lineup was conducted before the questioning. Yet the questioning in the dorm was reported in the press several days before it was reported that the accuser had identified alleged perps from photos.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#249)
    by chew2 on Thu May 04, 2006 at 03:52:35 PM EST
    The holding wouldn't relieve the prosecution from its burden of proof regarding the identity of the assailant.
    Are you aware that photos of defendant Seliegman are almost idential to that of another team member whose name escapes me at this time. Their photos were posted in a prior thread by IMHO. I assume/hope Nifong was aware of this. I've suggested that he should have tried a live lineup with those two suspects with voice ID to help the identification process. Any thoughts?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#250)
    by Talkleft Visitor on Thu May 04, 2006 at 03:55:07 PM EST
    Why wouldn't Nifong bring some of the lacrosse players in front of the grand jury if he wants to compel testimony? If he knows which ones didn't commit the rape, they couldn't claim the fifth, right? Am I right? Could it be at this late date that Nifong doesn't know who did what?
    No prosecutor in his right mind would do this. Nifong had more than enough evidence to secure an indictment. Bringing people at the party into testify would only unneccessarily jeapordize that. Even if a rape did occur, any number of the players at the party could probably truthfully testify that they weren't aware of anything bad happening. It's not like this happened in front of everyone. Calling the player to the grand jury would be a sure-fire way for the prosecutor to sabotage himself. As to the fifth, it's dicey. Everyone at the party was probably guilty of some crime, whether it was underage drinking or facilitating it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#251)
    by Bob In Pacifica on Thu May 04, 2006 at 03:57:26 PM EST
    Regarding Seligmann's uncanny resemblance to another team member: Hey, no harm no foul.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#252)
    by Talkleft Visitor on Thu May 04, 2006 at 03:58:48 PM EST
    JLvngstn, You wrote:
    PB - when that kid mails [the postcards] out, that kid is not making money off of the mailing, in fact he is losing money.
    It's the money that bothers you? You know, the Puritans had rule that it was fine if you used someone to represent you in court, so long as they didn't receive a fee. You wrote:
    I do not care for the jlvngstn shield law. I do however prefer the PB elimination of gossip about a presumed innocent party from getting nationally assaulted verbally law.
    Well, you didn't say what happens to the kid. Does the post office refuse to mail his cards? Currently that would be against the law. Does the PB blah blah blah law suppress the kid, or only members of the commercial press?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#253)
    by Bob In Pacifica on Thu May 04, 2006 at 04:09:49 PM EST
    huesofblue, he's already got his two indictments. The grand jury won't take them back. So he's got say thirty-eight guys who aren't indicted. He's 90% sure of one guy, so he doesn't call him. He's got 37 guys. If you're going to try to sneak behind the lawyers' backs to interview players, why not call them in front of the grand jury? Grant them immunity from any crime committed except the rape, and go from there. If a guy says he didn't see anything, then the DA knows what the guy is going to say on the stand in the rape trial. Is there a guy who saw the bathroom locked? Hear something? A DA is supposed to be looking for truth. This DA was certainly looking for something on April 14 other than Seligmann and Finnerty's identifications. If Nifong has 37 guys who say that nothing happened and this is why, then Nifong can figure out how to walk away from the case. But if something happened then let's see if all 37 men are going to perjure themselves in order to save someone else's butt.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#254)
    by chew2 on Thu May 04, 2006 at 04:10:21 PM EST
    azbbalfan Who's your Laker source, Reggie Evans? Reggie's not a Laker, but I'm sure once he was finished it would be limp.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#255)
    by Talkleft Visitor on Thu May 04, 2006 at 04:21:11 PM EST
    chew2
    Are you aware that photos of defendant Seliegman are almost idential to that of another team member whose name escapes me at this time. Their photos were posted in a prior thread by IMHO.
    I'm probably giving the wrong impression here. What I've heard so far leads me to believe that Seligman is innocent, or at least that he won't be convicted. But so far, only the defense has presented their case and their evidence and ant unopposed lawyer can raise reasonable doubt. It's the same reason why unopposed prosecutors almost always secure indictments from grand juries. My point is that I don't think Nifong has done anything terribly wrong at this point. It's the job of the police to investigate crimes and the job of the prosecutor to prosecute them. Here I think Nifong had enough evidence to go for the indictment. He's sat eye to eye with the victim, heard her story, and believes her. That's enough for a prosecutor to pursue an indictment. If evidence comes up later that clearly establishes that the indicted person didn't do it, no prosecutor is going to want to have their ass handed to them in court. They'll drop the charges. As to the player who looks nearly identical, that could cut both ways. That the AV was presented with two nearly identical pictures, but identifies Seligman over the other guy with with 100% certainty isn't a great fact for the defense. Especially when the AV wouldn't offer that same level of certainty regarding the third attacker.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#256)
    by Talkleft Visitor on Thu May 04, 2006 at 04:38:01 PM EST
    Bob In Pacifica Calling them before the grand jury might not be a bad idea at this point. My guess is that he's waiting on the second round of DNA testing to see if it'll offer any clues into the identity of the third attacker. If he gets that evidence, he won't need to go on a fishing expedition.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#257)
    by inmyhumbleopinion on Thu May 04, 2006 at 04:39:33 PM EST
    Reade and Tony According to the cab driver Tony called him at 12:29 a.m. requesting a cab at 610 N. Buchanan.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#258)
    by azbballfan on Thu May 04, 2006 at 04:44:22 PM EST
    Orinoco Regarding Dirty Sanchez: Keep in mind that in that case, it sounds like date rape and they could easily identify the suspects. In the Duke case, the DA had difficulty fingering the suspects. Also, in LA, the DA is accustomed to dealing with high profile cases - especially surrounding USC football players and rape (3 in 2 years). He also doesn't prosecute football players (players' defense lawyer helped run his campaign for AG).

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#259)
    by Talkleft Visitor on Thu May 04, 2006 at 04:53:09 PM EST
    Orinoco There's no questions he could have handled it better. At the outset, I don't think he had any feel for how complex the case was or would become. I think you're absolutely right that he placed to many eggs in the DNA test basket. But then again, the second round of testing could still reveal a smoking gun. And if it does, none of this other stuff will matter. If it doesn't I think the prosecutor would have an uphill battle even if its police work was air tight (regardless of whether or not the players did it).

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#260)
    by Bob In Pacifica on Thu May 04, 2006 at 04:59:15 PM EST
    Regarding reade and tony: no harm, no foul.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#261)
    by azbballfan on Thu May 04, 2006 at 05:00:54 PM EST
    Orinoco Here's the story on USC and the DA. I guess the Bruins you know don't act like clowns. Carol Burnette was known to from time to time.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#262)
    by Jlvngstn on Thu May 04, 2006 at 05:07:28 PM EST
    No PB you prosecute the parents, for aiding and abetting a crime. The child has no right to proclaim the guilt of the teacher en masse. The teacher should have his day in court, the kid can have his "shaming day" when the sentence is read.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#263)
    by Bob In Pacifica on Thu May 04, 2006 at 05:29:10 PM EST
    Orinoco, Suppose the AV misidentified McDevitt as Seligmann. Once Nifong loses the case against Seligmann, does he go back and indict McDevitt? Without any information other than a 100% ID of the wrong guy and a larger window of opportunity for this one?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#264)
    by Talkleft Visitor on Thu May 04, 2006 at 05:31:44 PM EST
    JLvngstn wrote:
    No PB you prosecute the parents, for aiding and abetting a crime. The child has no right to proclaim the guilt of the teacher en masse.
    He doesn't? What is he guilty of?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#265)
    by Talkleft Visitor on Thu May 04, 2006 at 06:33:25 PM EST
    Nice Guy - I don't believe that it's appropriate to disclose the accuser's name. By the way, I am also coming to believe that it is not right to reveal the name of the accused. The implementing legislation might get a little bit unwieldy, but I don't know that the public gains anything significant by way of this right to know.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#266)
    by wumhenry on Thu May 04, 2006 at 06:35:11 PM EST
    He's sat eye to eye with the victim, heard her story, and believes her.
    Or pretends to, for self-serving motives that seem fairly obvious.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#267)
    by Teresa on Thu May 04, 2006 at 06:50:27 PM EST
    This is a more dignified site than you are used to Nice Guy. Why don't you go back to your other one and not dirty Jeralyn's?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#268)
    by Richard Aubrey on Thu May 04, 2006 at 07:32:48 PM EST
    Suppose this case struck Nifong as his "great white hope". Lax players would be known as losers--in certain quarters--due to the privilege supposedly associated with them. I agree such a supposition may be partially justified. However, given the white privilege racism plus previous hooligan behavior, how could he lose? He puts only lax pix in front of AV in order to avoid the possibility of having to prosecute a computer nerd with no money. If she is told the guys are in there, it would be difficult for her to say, no they're not. She'd pick the closest. Now, that presumes that AV is acting in good faith and Nifong is not. If she is not, and he is... big trouble.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#269)
    by Teresa on Thu May 04, 2006 at 07:53:22 PM EST
    Richard, there's a new Duke thread. You might want to repost on it. Nice Guy did. :(

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#270)
    by Bob In Pacifica on Thu May 04, 2006 at 07:57:08 PM EST
    Nice Guy, I'm not sure what the point is with revealing her name. We've had plenty of knockdown dragout fights about the case without mentioning her name. In fact, I haven't heard her name before and have already forgotten it. Bad play.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#271)
    by inmyhumbleopinion on Thu May 04, 2006 at 08:18:41 PM EST
    Nice Guy posted:
    currently under probation for grand larceny in 2002
    Wrong. Nice Guy posted:
    No vaginal or seminal fluid, no skin, blood, or hair were found anywhere in the bathroom, bath towels, bath rug, door handle, bathroom floor, basin, water faucet handle, etc.
    Wrong. Nice Guy posted:
    Does her body defy basic physiology capable of keeping any ejaculate from spilling out?
    Has she said anyone ejaculated in or on her? Nice Guy posted:
    A man cannot take off a condom and not get DNA from himself or the female on his hands and not transfer it to everything he touches.
    Wrong. Nice Guy posted:
    Does the accuser have inhuman anal sphinter control that prevented any of the ejaculate from dripping out?
    Has she said anyone ejaculated in or on her? Nice Guy posted:
    Did she lick up every drop and swallowed any evidence?
    Has she said anyone ejaculated in or on her? Nice Guy posted:
    Stripper claim bruises were result of an attack from three boys:
    Fact: Time-stamped photos prove stripper arrived bruised and cut while drunk.
    She specified which bruises were the result of the attack? Are there time stamped photos of her vaginal and anal areas? Nice Guy posted:
    Nifong stated that a condom was used, if this is true than where is the spermicidal lubricant evidence?
    Wrong. Nice Guy posted:
    and these boys have airtight alibis
    What they have shown us, so far, does not qualify as air tight for Seligmann or Finnerty.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#272)
    by Teresa on Thu May 04, 2006 at 08:26:13 PM EST
    imho, there's a new thread. I wouldn't even argue with Nice Guy. He has spread this same Free Republic crap all over the internet. There is plenty of evidence out there for the defense right now without his exaggerations. I did enjoy that smack down though. :) Hope I didn't offend anyone with the FR crap comment. We have discussed this case a lot and left politics out of it.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#273)
    by Talkleft Visitor on Thu May 04, 2006 at 08:55:16 PM EST
    wumhenry
    Or pretends to [believe the AV], for self-serving motives that seem fairly obvious.
    I know a decent number of prosecutors (though mostly young) and this just doesn't seem that likely to me. There's no shortage of really bad and really guilty criminals out there. Prosecutors don't need to go after people they think are innocent. COnvicting an innocent person (especially one with a bright future, no record and a background not that different from your own) would be a nightmare senario for most prosecutors. There are bad apples out there, but that's not Nifong's reputation. He seems well respected among the defense bar.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#274)
    by Talkleft Visitor on Thu May 04, 2006 at 09:33:59 PM EST
    Nice Guy has been banned for using the accuser's name. That is my decision, and I have twice stated I decided against it, despite my belief that it is unfair that she remains cloaked in anonymity while the accused Duke players are named and branded. Unfortunately, his comment will be visible to those who use Google's cache. But for a TL reader alerting me, I might not have seen it at all. Should you see the accuser's name anywhere on TalkLeft please send me an e-mail so I can delete it as quickly as possible.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#275)
    by wumhenry on Thu May 04, 2006 at 09:45:42 PM EST
    Nifong's conduct might have been unexceptionable for 26 years previously, but that doesn't necessarily prove anything about his moral integrity in an extraordinary situation where was a compelling incentive for him to prosecute people even if the evidence was flimsy. The incentive was to avoid making himself a villain in the eyes of Durham's black community on the eve of a primary election in which he faced a black opponent.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#276)
    by azbballfan on Fri May 05, 2006 at 10:20:30 AM EST
    TalkLeft Thank you for holding to your moderation policy. NiceGuy - In the future on other blogs, please take more care to check your facts before posting them.

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#69)
    by inmyhumbleopinion on Sun May 07, 2006 at 01:51:04 PM EST
    Teresa posted:
    For example, there's the St.John's lacrosse team. They were acquitted of rape (although they might have been guilty). I don't know what happened to them. Do people know of other examples?
    Most references to the St. John's case in conjunction with this case mention that three players were aquitted, but not that four players admitted guilt and were convicted of lesser charges. Stereotypes all over this case
    During the two years that followed the accusation, three of the suspects were acquitted at trial. Four others pleaded to lesser charges, under plea agreements in which they acknowledged guilt.
    http://www.sas.upenn.edu/~psanday/preface.html
    The steps taken by the St. John's administration in response to their investigation--for example, turning the matter over to the police and suspending the alleged abusers, pending the legal outcome of the case--is a model for how a campus wishing to be free of rape might respond. Unfortunately, few campuses confronted with similar incidents act so decisively. At the end of the legal proceedings, St. John's took the additional step of expelling all but one of the students who asked for reinstatement, on the grounds that they had violated the student code and displayed, in the words of the school's president, "a serious lack of respect for others and even one another." The one student whose request for reinstatement was granted had cooperated with the authorities.


    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#277)
    by Talkleft Visitor on Sun May 07, 2006 at 06:49:43 PM EST
    While I've been lurking on this site, following the discussions, I haven't seen much discussion about the finger nails. Specifically, my question is this. The items left by the AV included her make-up bag, cell phone, Cash, and broken nails. I read somewhere that the players asserted that the AV was painting her nails while she was in the bathroom. Given the time it takes to do one's nails, it seems to me that the SANE nurse's examination would be extremely important - since it would probably include photographs of the AV's hands (I assume scrapings from under her fingernails were taken). I believe it can be established (by photos and testimony) that the AV had false nails. Now, if those nails were broken during the dance, the AV would presumably be in the bathroom repairing her nails - if the subsequent photos and SANE photos show new nail polish. If such new nail polish is found, it definitely affects the time-line of events, since it takes some time to apply the polish and have it dry. This explanation is certainly consistent with why the make-up bag was out. If, on the other hand, the nails are broken during a struggle, and no polish is found - it would lend some support to the AV's statement. Does anyone know anything about the nail polish? Were they, or weren't they?

    Re: Duke Lacrosse DA Wins Primary Election (none / 0) (#3)
    by inmyhumbleopinion on Tue May 09, 2006 at 12:52:40 PM EST
    Round Three: Nifong