home

Duke Univ. Releases Report on Alleged Lacrosse Rape

Duke University released its report today on the rape allegation lodged against Duke lacrosse players. The accuser's varying accounts led them to discount her allegations. Here are some excerpts:

After the victim of the alleged assaults was taken to the Emergency Room of the Duke Hospital in the early morning hours of March 14, having earlier told Durham police that she was raped and sexually assaulted by approximately 20 white members of a Duke team (a charge later modified to allege an attack by three individuals in a bathroom), the official report of the Duke Police Department was submitted and reviewed by the Duke Police Director, Robert Dean, at 7:30 a.m. on March 14."

"There are reports from several sources that members of the Durham police force initially (March 14) made comments to Duke police officers and others to the effect that the complainant 'kept changing her story and was not credible;' that 'if any charges were brought, they would be no more than misdemeanors;' and that 'this will blow over.'"

"The discounting by police and others of the importance of the seriousness of the allegations may have reflected a belief that the matter would not be pressed because the charging party was not that important or reliable. When President (Richard) Brodhead first learned of the allegations on March 20, he called Vice President (Larry) Moneta, who told him that 'the accusations were not credible and were unlikely to amount to anything.'"

"Taking at face value the reported comments of Durham police officers (and perhaps others), and allowing their interpretations of credibility and seriousness to shape Duke's thinking, was a major mistake."

In other case related news, team co-captain David Evans pleaded guilty to alcohol and noise violations, for which he had received a deferred prosecution.

< Shuster on Countown: Believes Rove Will Be Indicted | Is Al Gore Going to Run? >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#1)
    by chew2 on Mon May 08, 2006 at 06:28:44 PM EST
    TL, One thing you left out as a defense advocate:
    The report did say a female Duke police officer tried to calm and reassure the accuser at the hospital where she was taken by police hours after the party. The woman, the Duke officer said, was "crying uncontrollably and visibly shaken ... shaking, crying and upset." That behavior, the report said, "doesn't suggest that the case was likely to just `go away."' The statements about the accuser's credibility were part of a major failure of communications between police and several members of Duke's administration, the report said.


    TL. Any chance of a shorter whats going on and why?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#3)
    by azbballfan on Mon May 08, 2006 at 06:39:47 PM EST
    Orinoco, It may have been said before, but please note on page 2 that the Duke Police officer a) spoke to Durham Police about the event and b) read a Duke Police report. Durham Police may have wanted to avoid intervention of the Duke Police in the matter and thus marginalized the importance of the case at the time. It is also likely that the Durham Police report was not complete yet. Muni beat Cops take a lot longer to complete their reports than University Hospital police. There's a lot of speculation without too many real facts yet. We'll have to be very patient since this isn't going to trial for about a year.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#4)
    by Teresa on Mon May 08, 2006 at 06:41:54 PM EST
    What did the players sense from Nifong or the police dept. to make them change from cooperation with the police to suddenly lawyering up in the span of three days?
    I would guess that a player or two told their parents about the DNA request and all hell broke loose. I'm sure at least one player has an attorney for a parent or at least knows one well.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#5)
    by ding7777 on Mon May 08, 2006 at 06:43:55 PM EST
    What does this mean?
    the charging party was not that important


    That jumped out at me too, ding7777. Sounds like the report's authors are trying to put words in the Duke administration's mouths, or at least thoughts in their head.
    Taking at face value the reported comments of Durham police officers (and perhaps others), and allowing their interpretations of credibility and seriousness to shape Duke's thinking, was a major mistake.
    Why shouldn't they accept the interpretations of Durham police officers (and perhaps others)? What else would be expected of them? Where could they seek more information?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#7)
    by chew2 on Mon May 08, 2006 at 07:01:46 PM EST
    If the Duke University police officer read a police report maybe it was the initial report from the first night, and before the police decided 2 days later to seek a search warrant. By then the Durham police were taking the allegation seriously and had resolved any doubts about some claim of being attacked by 20 players. That is why Duke University is being criticized for taking the allegations too lightly.

    Did the Durham police make the Duke administration aware of their new plan? Do they notify campus every time they have dealing with a Duke student off-campus? Or does the fact that 2 days went by with no action on the part of the administration make Duke look bad no matter what? (Or is that what you're saying?)

    Teresa
    I would guess that a player or two told their parents about the DNA request and all hell broke loose. I'm sure at least one player has an attorney for a parent or at least knows one well.
    Day three is also right after the police served a warrant on the captains' house. Once they had the CSI team and a bunch of cops coordining off thier house as a crime scene they realized the scope of what was being charged. Guilty or not, I'd call a lawyer at that point too.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#10)
    by Teresa on Mon May 08, 2006 at 07:15:55 PM EST
    True hues. All this time I have pictured officers taking them by surprise with their search warrant but according to the report the players were notified the next morning by their coach or other school rep. They had plenty of time to clean up. This may be why a party house bathroom had no DNA found in it. I wish we knew where all the evidence taken was actually found. I think she dropped her purse and phone outside after the 12:30 picture. They must have gathered her stuff up and were afraid to throw it away. All except that dang shoe. Can you imagine what they could have done with a 6 inch heel? Maybe that is the object they used. Mostly kidding, but why did they keep everything except the shoe?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#11)
    by Teresa on Mon May 08, 2006 at 07:23:10 PM EST
    Would someone interpret the 20 rapists part of that report for me? I've read it three times and I can't figure out if that was gossip to the Duke police (perhaps from the Durham police who responded to Krogers and the house about Kim's call) or if it came from the first police report. Those officers sure got around. I wonder if in their normal beat they have a relationship with Duke police officers and if that is where the first misinformation came from? According to the report Duke police offered to go to the house after the 911 racial slur call and did actually go later in the night.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#12)
    by Teresa on Mon May 08, 2006 at 07:40:33 PM EST
    That part doesn't say police report does in Orinoco? According to the AP reporter who was part of the conference call, no one knows where that initial info came from. (On the Record/Greta V.S.) I'll read it again.

    The report has a 911 call at 12:41 a.m. What's up with that?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#14)
    by Teresa on Mon May 08, 2006 at 07:55:42 PM EST
    Their report does not say who at the Durham Police Department cast doubt on the accuser's complaint. Defense attorneys have asked the court to consider her reliability, saying she previously made allegations of rape that did not lead to any charges.
    www.wral.com

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#15)
    by Teresa on Mon May 08, 2006 at 08:03:13 PM EST
    The report has a 911 call at 12:41 a.m. What's up with that?
    They must have been looking at the pictures :) That is weird.

    Am I correct in reading that a Durham police officer first heard the AV say there were 20 rapists? I asked this before, but was that the guy who came to Kroger's to get her out of Roberts' car? I know, no one knows. +++ I found the self-flagellation of Duke about not being on top of this peculiar. First off, it happened off-campus. The cops said it was bogus. I doubt that Nifong was keeping the university up on any developments. So why a white paper on how they screwed up? It sounds like an official cover-your-ass to keep in the good graces of the community. I bet Brodhead was thanking heaven that it was the lacrosse team and not football or basketball players.

    The report was commissioned by Duke's president and prepared by Julius Chambers, a former chancellor at North Carolina Central University, where the accuser is a student, and William G. Bowen, a former president of Princeton University who is now head of the Andrew W. Mellon Foundation.
    I missed this on my first read.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#18)
    by Teresa on Mon May 08, 2006 at 08:20:04 PM EST
    lol. Tucker and Al Sharpton got in a huge argument about where the 20 rapists info came from. Tucker says it came from a police report and Al says that's just what someone from the police dept TOLD Duke police. Al says he will bring Tucker a bigger shoe to eat than Hillary C. gave him when he has to apologize for this case. Maybe Duke can issue a statement to clarify where exactly this came from. (And the 12:41 911 call also).

    Gee, if I were Sharpton I'd stay away from high-profile cases, but he's certainly an entertaining guy. The report does say that a Durham cop was told by the AV that she had been raped by 20 white men, right?

    In the good ol' days, the dancer would be arrested and maybe sterilized for "promiscuity" or corrupting the morals of those poor boys. Give it time. We need more of these in the national news before jumping there, but the "tough on crime" people will get there. Maybe now that they have the evil influence of Coke and Pepsi out of schools they can concentrate on these things.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#21)
    by Teresa on Mon May 08, 2006 at 08:42:06 PM EST
    The report does say that a Durham cop was told by the AV that she had been raped by 20 white men, right?
    Well the report says that's what she said but it doesn't say where that information came from. Greta kept asking the AP guy that and he said it doesn't really say where that part comes from. I posted a quote from WRAL just above that also says that. That may be what the report meant to say but it isn't very clear.

    Maybe they should put all the police officers in night classses to learn how to write more clearly. I find a lot of ambiguity in any of the police papers I've seen in this case.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#23)
    by Teresa on Mon May 08, 2006 at 09:06:52 PM EST
    Bob, I just did a google search on Mike Nifong to read about his background. The results aren't pretty (not his background, just what people are saying about him). The more I think about it, he either has some really good evidence that we don't know about or he is as big a fool as many people think. What is making him stick to this? I don't know if it is appropriate and I know he doesn't want to give anything away too soon, but I think he needs to give a press conference and clear up some things. It will be interesting to hear from the defense side when he turns over evidence to them next Monday.

    If the 20 rapists were in the first report on March 14, does this mean that that was the AV's story when she met with the SANE nurse? Police reports are written after all the initial investigations are done, but she had apparently changed her story at some point at the hospital. I know nobody here knows, I'm just asking out loud. +++ Let me repeat my theory, which of course is worthless other than to ponder: The AV was intoxicated to the point of passing out or even being blacked out on her feet. When she regained her consciousness at the drunk tank she was covered with bruises and in pain. At that point she had to reconstruct how she got there. She may have been drugged, she may have taken drugs. She may have taken drugs AND been given a mickey. What was one of her last recollections? A lot of white guys yelling racial epithets and nasty sexual taunts. It's normal for the human mind to try to fill in the blanks for what's missing in one's consciousness. The interpretation suggested in the report, repeated here by chew2, is that her hysterical behavior at the hospital is probative of something (that is, a rape) having happened to her. It may have been that it is indicative that she suddenly thought that something had happened to her. The problem with her reportage at the hospital, aside from widely varying accounts of what had happened, was that there was an intervening period of hours when she was apparently unconscious of what was happening around her. By the time she got to Roberts' car until the cop took her out of it, from about 12:40 to 1:20 or so, she was alternately unable to give coherent directions to her home or was asleep or unconscious. If she had been raped, she was incapable of recognizing the danger of reentering the house. Soon after midnight until she left she seemed unaware that she was missing one high heel shoe. That suggests that the AV was so severely impaired from midnight until 1:30 that she may not have any clear recollections of whatever may have occurred. If she was in the cop's custody until she got to the hospital around 2:30, that suggests that she not did get her wits about her until probably around 2 a.m. So I feel any confidence in the AV as an accurate teller of facts for that night is misplaced.

    Teresa, IHMO has repeatedly pointed out how some of the defense attorneys of people involved in this case were supporting Nifong. Considering your 10:06 post, does this mean that the reason these defense attorneys support Nifong is not how good he is but how badly he does his job?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#26)
    by Teresa on Mon May 08, 2006 at 09:51:41 PM EST
    No, it seems the local legal community thinks highly of him. He has (had) a great reputation. His confidence in this case is what makes me think he has something else. Why else would he stick with this? He is getting hammered all over the internet and on TV. I will be shocked if he has no more evidence than we have heard about. He will have ruined himself professionally if he has nothing else. If she told the police initially that it was 20 guys (I think she meant 20 guys at the house) raping her and she just had a typical "consistent with rape" SANE report, I don't think the police would have gone through with the DNA request. There has to be something else there. I will say, the investigators and his office sure can keep a secret when they want to. If he drops it, at least I can quit watching Fox. I would miss you guys though. I read all the other TL posts but I don't usually comment.

    EXPERTS: EXPERT MAY BASE OPINION IN PART ON STUDIES NOT ADMITTED, WHEN.
    The usual rape protocol examination at Grant hospital revealed no semen and no vaginal trauma. The emergency room physician testified he rarely saw vaginal trauma in victims of sexual assault. He mentioned a study at a Detroit hospital that found vaginal trauma in only 7% of sexual assault victims. The study was not introduced into evidence and the defendant failed to object to the testimony.


    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#28)
    by azbballfan on Mon May 08, 2006 at 11:26:15 PM EST
    Orinoco, Please reread page 2 - the Duke police officer SPOKE to a Durham police officer about the incident whereby the Durham police officer made the verbal reference to the 20 people. THEN, the Duke police officer read the DUKE POLICE REPORT. NOT the Durham Police report. The DUKE police report came from the University Hospital Police and could only reference what they witnessed when the alleged victim was treated. This DID NOT involve any representation at the time of what the charges would ultimately be.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#29)
    by azbballfan on Mon May 08, 2006 at 11:29:43 PM EST
    Orinoco - please note that there is no formal relationship between the Duke and Durham police departments and NO they don't share the same 911 system. Please read the report carefully. The report clearly states that the Duke police were confused based upon a PHONE CALL with Durham police. It also clearly states that the Lacrosse team was told of the potential charges at least 24 hours before the search warrant was served on the premises.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#30)
    by azbballfan on Mon May 08, 2006 at 11:33:26 PM EST
    Bob - the original Durham police report was NOT REVIEWED by the Duke police on March 14. They reviewed the DUKE police report filed by University Hospital Police - which are Duke Police. The University Hospital Police would not have the JURSIDICTION to question the alleged victim which was brought to the hospital by the DURHAM POLICE. The reference to 20 attackers comes from a Duke policeman's report of a telephone call to the Durham police and DOES NOT refer to any police report.

    "Mr. Nifong suggested we put together the mug shot type photographs into a group since we are under the impression the players at the party were members of the Duke Lacrosse Team and instead of doing a line up or photographic array, we could merely ask the victim to look at each picture and see if she recalled seeing the individuals at the party. If in fact she could recall, just let us know how she recalled seeing them from that night, what they were doing, and any type of interactions she may have had or observed with a particular individual."
    This powerpoint presentation is more interesting than people give credit. The prosecutrix was not apparently told that the list she would be shown would in any way be a complete list of the people at the party, nor was she asked specifically to identify the people who raped her. As far as she was concerned, her job was merely to point out where people she recognized were at various times that evening and what they were doing. If this particular quiz were given to Kim Roberts and all the Duke players, I would think an extremely coherent story would emerge. That story might damn the accuser, or it might damn the people she has accused, or it might suggest a third set of culprits who have escaped her identification. It's what should have happened. Because the truth should matter to everybody. Instead we have the Wall of Baloney. To the generation raised on the movie Casino the only ethical constructs available are "keep your mouth shut" and "never rat on a friend." We've gone from the greatest generation to the worst generation in one breeding cycle. Give me the Wall of Sound anyday. Truth for President! Duke Lacrosse sucks!

    Tl. Wading through this lot convices me there is not a "shorter" I will await the outcome. Often best.

    Orinoco posted:
    Even the Duke Chronicle had, and has remainedpretty negative on the lacrosse team
    That article is not a very good example of "revenge of the nerds." They are simply reporting the findings of the two reports. Duke Chronicle article
    The reports were presented by the Investigation of Men's Lacrosse Committee and the Examination of Student Judicial Process and Practices Committee.
    Both noted, however, that similar misconduct and instances of alcohol abuse are common for many students at the University.


    In 28 minutes, Orinoco went from Nifong's possible resentment of Duke:
    the community's, and possibilly his, resentment of Duke,
    to a certainty that there is "no love lost between him and Duke."
    There is also a "revenge of the nerds" angle to the story.
    I don't think this angle concretely applies to the DA, though there's certainly no love lost between him and Duke.
    Did you come across a source in that 28 minutes that verified your theory about Nifong and Duke?

    Whew! First we had 20 rapists, then we had 3, and only 2 charged? And people still trying to think that the DA is going to pull a rabbit out of his arse on April 15th? I guess people are enjoying the mystery of this whole thing and are milking it for everything they can... To me, I dont like playing with the justice system and seeing people play with words and facts. I tend to think that if we were players on either side of this case then we would feel abused and used. What if some of the bias opinions slipped into our justice system? some of the games I see people like inmyhumbleopinion play with facts is seriously scary when you think about the fact that these boys are looking a 15+ yrs to life in prison. I am more of an analytical type, who looks at the facts that I have and call them facts. If its not a clear fact, then I dont calll it a fact. The facts that we have thus far are clear, there is no x-files here. There is no parallel dimension that the 3 guys and the AV slipped into to where this rape could of happened. I seriously believe that if some people had the power to skew the facts of any case to their bias opinions they would do it. That to me says that are justice system is always just an inch away from corruption. I think it is lawyers who bring this unethical behavior to their own profession. It used to be that being an lawyer was a very honorable profession, but it has darkened itself with these types who feel it makes them intelligent if they can skew the truth and make it a lie, or vice versa. I can honestly say that today...the most unethical prefession in our country today is that of the media and law. Mixed in with a little TV...and we have the ultimate Anti-Christ.

    I wasn't drinking last night, but I am still confused about the "20 white man" claim. I am not really interested what Duke found out but what Durham police heard. The AV told Durham police that she had been raped by 20 white men. At some point she changed her story. Do we know who she told the original story to? One officer, several officers and/or hospital personnel? I think someone said that the "20 white men" weren't in the report. Do we actually know that there was never a mention of her initial story? Like most of the moving documents in this case, there is a vagueness in the Duke report that's frustrating. Of course, the Duke report is about them not knowing what was happening. Do the DNA results come out next Monday?

    I think that ascribing a malevolent motive to Nifong's prosecution is not going to get very far until we know what he's got for evidence. If he's got nothing, then we can tear him and his motives apart. But if he's got lots of evidence then he's only doing his job. I do think it's pretty evident that he's been doing some selective leaking of information. I don't know enough DAs to know how common this is. He could have had a lower profile case if he'd avoided some of those early interviews though. Anyone remember what the voting breakdown was in the election?

    supamike posted:
    some of the games I see people like inmyhumbleopinion play with facts is seriously scary when you think about the fact that these boys are looking a 15+ yrs to life in prison.
    Show us an example, supamike.

    Someone said, I think, that the "20 rapists" did not come from any police report. Are we sure about that? Is the first Durham report available for review? And if the reference to "20 rapists" isn't in the initial Durham police report, was it censored out? It seems to me that if the AV had to readjust down her estimate of rapists by 17, that would be something to note, no? We really need to know what the AV was saying and to whom. Yesterday there was the story that the AV said that both dancers were crying, but there seems to be no evidence, photos or what Roberts said or what Bissey observed, that either woman was crying while they were at Buchanan. This would suggest, like the "20 rapists" yet another false report of fact by the AV in the morning of the 14th. I know that there is a history of men discounting women's rape claims, but moving from general archetypal complaints to specifics about this case, there seems to have been a lot of disbelief from the first cop or couple of cops regarding the AV's believability. I would imagine the defense attorneys would be all over this in order to figure out how the AV got from her confusion as to place and time through the "20 white men" raping her to her final version of events that morning. 20 men > 3 men > broomstick. The evolving story suggests a changing consciousness on the part of the AV.

    Someone said, I think, that the "20 rapists" did not come from any police report. Are we sure about that? Is the first Durham report available for review? And if the reference to "20 rapists" isn't in the initial Durham police report, was it censored out? It seems to me that if the AV had to readjust down her estimate of rapists by 17, that would be something to note, no? We really need to know what the AV was saying and to whom. Yesterday there was the story that the AV said that both dancers were crying, but there seems to be no evidence, photos or what Roberts said or what Bissey observed, that either woman was crying while they were at Buchanan. This would suggest, like the "20 rapists" yet another false report of fact by the AV in the morning of the 14th. I know that there is a history of men discounting women's rape claims, but moving from general archetypal complaints to specifics about this case, there seems to have been a lot of disbelief from the first cop or couple of cops regarding the AV's believability. I would imagine the defense attorneys would be all over this in order to figure out how the AV got from her confusion as to place and time through the "20 white men" raping her to her final version of events that morning. 20 men > 3 men > broomstick. The evolving story suggests a changing consciousness on the part of the AV.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#43)
    by John Mann on Tue May 09, 2006 at 07:34:39 AM EST
    I know, no one knows.
    Truer words werre never spoken. The speculation that goes on around here is remarkable, and helps to illustrate why it's virtually impossible for anyone to get a fair trial these days. As with Scott Peterson, the trial is over before it begins - except this time it's the complainant who is on trial.

    John Mann, I don't think that people discussing this case, here, has any effect on the a fair trial, and given our Constitution, I don't think it's going to change soon. There is a question about media reporting of trials, and how it affects the public, not necessarily the jury pool, but the general public. Many of the same people who are commenting on the Duke case were around for the Bundy murder trials. What I found, before I stopped watching them altogether, was how far away from what actually happened in the trial was reported at night. The lawyers better known for the Innocence Project (Scheck and Neufeld) decimated the prosecution's DNA and blood evidence, but it was hardly reported on air or even in most newspapers.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#45)
    by azbballfan on Tue May 09, 2006 at 07:57:00 AM EST
    Bob and Mike, There are repeated posts referring to "20 rapists" reported in the initial Durham police report which was read on March 14. Sorry - read the report again. The "20 lacrosse players involved in a rape and sexual assault" reference is attributed to a telephone call between the Duke policeman and a Durham policeman. This is on page 2 of the report. Immediately afterward, the report states that the Duke policeman read a Duke police report - not a Durham police report. The Duke police report would be the report given by the university hospital police and would reference the alleged victim being treated at the hospital. Also please note the language - it does not claim that 20 players committed rape and sexual assualt - but that they were involved. Which is consistent with the story as it is today. Please stop falsely regurgitating facts.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#46)
    by John Mann on Tue May 09, 2006 at 08:06:45 AM EST
    John Mann, I don't think that people discussing this case, here, has any effect on the a fair trial, and given our Constitution, I don't think it's going to change soon.
    I disagree that people discussing the case, whether it be here or Larry King Live, will have no effect. Without the instant communications we have in 2006, many of the "controversial" cases we get to try outside the courtroom might never come to our attention. The Scott Peterson case was, in my opinion, a classic example of a new phenomenon. Whether he killed his wife or not had less to do with the evidence against him than the fact that pretty much everyone in the world was treated to nightly visits with Nancy Grace and Laci Peterson's grieving family members. I realize that's a double-edged sword, since justice sometimes fails simply because cases can be swept under the rug - but I find it frightening that the administration of justice might be influenced by television talking heads. I also realize the Constitution is not likely to change, but it's interesting to examine the implications of an Amendment that was written in a time when the writers had little or no concept of its long-term applications. I'll just add that freedom of expression is infinitely better than the alternative.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#47)
    by wumhenry on Tue May 09, 2006 at 08:07:41 AM EST
    does this mean that the reason these defense attorneys support Nifong is not how good he is but how badly he does his job?
    It means that defense attorneys based in Durham sucked up to him after the election because it serves their professional self-interest to be on good terms with him. Note that defense lawyers based in Raleigh did not join in the fawning.

    azbballfan posted:
    Please stop falsely regurgitating facts.
    Thank you, azbballfan. We try to correct them, but it is impossible to keep up.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#49)
    by wumhenry on Tue May 09, 2006 at 08:22:12 AM EST
    Recall that Nifong was a social worker before he went to law school. He was also apparently very lenient on poor defendants. In 2002, Nifong was doing traffic cases because of prostate cancer. It was this time that the av was able to plead down that joy ride/running down police charge to three weekends in jail. 27 years in the DA's office prosecuting these run-of-the-mill defendants is probably very boring. [snip] Add up Nifong's sense of social justice, his toil in apparent anonymity and boredom, the pressure of an election, the unfamiliar limelight and the community's, and possibilly his, resentment of Duke, his prosecutorial behavior can be understood.
    There's a very obvious motive, and it's not that complicated. If Nifong had declined to press charges he would've been vilified by a vociferous majority of the local black community. I.e., he would have blown his chances for re-election.

    wumhenry posted:
    It means that defense attorneys based in Durham sucked up to him after the election because it serves their professional self-interest to be on good terms with him. Note that defense lawyers based in Raleigh did not join in the fawning.
    Kerry Sutton campaigned for him. She had a sign on her lawn, was wearing a Nifong T-shirt and was greeting voters on their way to the polling place. Butch Williams watched the election results with Nifong and gave him a hug when he was declared the winner. I have not heard one attorney criticize him for anything other than his handling of this case. He has a reputaion for being hard-nosed, but fair, honest and ethical.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#51)
    by azbballfan on Tue May 09, 2006 at 08:36:17 AM EST
    Has anyone brought up the issue of Dean Wasilek's telephone call to the lacrosse coach on the morning after the event? Does this constitute interfering in a police investigation? Yet another reason why Durham police were justified in not letting the Duke adminstration in on any details of the case.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#52)
    by chew2 on Tue May 09, 2006 at 08:44:03 AM EST
    The Resentments of White Men: A Duke rape narrative by the president of the American Coalition for Fathers.
    The "suspicious" email sent by one of the alleged rapists did not add up either. Folks do not send emails to friends joking nervously about torturing and killing a stripper unless something very upsetting did indeed take place. As the story unfolds, I predict we will find out that the stripper made a blackmail threat in the bathroom - something like - "you give me a lot of money or I will say you raped me".
    Does it look like a publicity stunt to make a lot of money in a civil suit and book deal? Yes.
    This is exactly what the University deserves for allowing feminists to run the campus in the first place.... Organized feminism is about women and trial lawyers using sex to make money from a pedestal of feigned Victorian purity.
    Our stripper is a student at a North Carolina Central University. Colleges are famous for mandatory hyper-feminist coursework featuring lawyers and feminist activists that teach women how to use sex to take advantage of men and any institution that involves men.
    My message to men and real women on college campuses everywhere: Stay away from feminists and strippers. The last thing you want to date is a girl who studies feminism. Be sure she believes in equal rights for men to be in the family. Make certain she rejects feminism before even asking her out on a date. Get to know her previous boyfriend to find out why they broke up. If she says he is a jerk but he isn't, you probably have a feminist on your hands.


    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#53)
    by azbballfan on Tue May 09, 2006 at 08:47:33 AM EST
    Actually, the Duke police, adminstration and lacrosse coach worked to coordinate the efforts of the lacrosse players. They also tipped them off to the investigation and possible search. Shoddy policework and lame citizenship.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#54)
    by chew2 on Tue May 09, 2006 at 08:54:06 AM EST
    Azbballfan, There was nothing wrong with Duke officials informing responsible university officials, including the lacrosse coach, about the rape allegations as soon as possible. The report doesn't say coach Pressler or any other university officials made any efforts to impede the police investigation or to encourage the "wall of silence". As an aside. All this arguing about the report's talk of "rape by 20 men". Why doesn't someone just print out the exact words of the report, not the news reports. I can't get my browser to read the pdf file, but did read it at another computer. BTW have you started rooting for the Suns yet?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#55)
    by Peaches on Tue May 09, 2006 at 08:55:43 AM EST
    TL, Take note, from: Posted by Orinoco May 9, 2006 09:39 AM
    You must be a truly disgusting human being to ascribe nafarious intentions to even this.
    Please delete. This is outside the bounds of civil discussion.

    Does everyone forget why the search warrant wasn't served up until 2 days later after the party? Durham police got criticized a lot for this delay, and their explanation is that it takes 31 HOURS for the AV to complete her statement of the event! In other words, no one, i.e. the Duke Police, Durham Police, Duke University, and the LAX players realized what is going to happen until Day 3 when the AV completed her statement in the Durham Police. I think it is safe to say that as no one could have forseen the future, Duke University perhaps did not take the allegations too lightly, nor that the Durham police did not want to intervene, nor did the players feel that they would be in any way in need of lawyers. (The three team captains did volunteer to go to the Durham police to give their account without lawyer's presence.) Then based on the rape kit result Nifong jumped in, with a lot of rhetoric and very little investigation. They didn't even go to "have a talk" with the neighbors. Bissey had to call the police after the case broke out to volunteer the statement. Perhaps both Nifong and the Durham police really know what they are doing, i.e. they don't need to do much, except finding ways to putting the case off until spring after Nifong's re-election.

    Bob in Pacifica posted:
    We really need to know what the AV was saying and to whom. Yesterday there was the story that the AV said that both dancers were crying, but there seems to be no evidence, photos or what Roberts said or what Bissey observed, that either woman was crying while they were at Buchanan. This would suggest, like the "20 rapists" yet another false report of fact by the AV in the morning of the 14th.
    This would suggest "yet another false report of fact"??? This is another example of you, in absence of evidence, suggesting the accuser falsely reported something. I'm sure if this goes to trial it will be shown many things went on the night that we had not seen photos of, nor evidence of, or that had not been mentioned by Kim Roberts or Jason Bissey by May 9, 2006. I haven't seen photos nor any evidence that the players were slipping money under the door? Kim says she never saw it. Does that suggst the players are lying to their attorneys or the attorneys are lying to the media? The attorneys are saying Kim Roberts made racial slurs and attacked the players' manhood. No evidence. Kim hasn't verified that, nor has Bissey. Does that suggest the players or their attorneys are lying? The players said the two women locked themselves in the bathroom. No photos. No evidence. No Kim verification. Bissey didn't see it. Suggests they are lying? Attorneys are saying Collin Finnerty left before the women danced. No witnesses have come forward. No evidence. No time stamped photo of him at the Mexican restaurant. Suggests it is a lie? They also said the women were asked to leave. Bissey saw them being coaxed back into the house. Does that suggest the attorneys are lying to the media or do we just not know enough about it to suggest it is a false report?

    Another question long on my mind is whether the AV and the Durham police perhaps are no strangers to each other, seeing that her stripper license was revoked 3 times and she was also previously involved in the car-chase and husband-complaining cases.

    Orinoco posted:
    So they sucked up to him before he won. Your point is?
    It was in response to wumhenry's post:
    It means that defense attorneys based in Durham sucked up to him after the election because it serves their professional self-interest to be on good terms with him. Note that defense lawyers based in Raleigh did not join in the fawning.
    My point is wumhenry is misstating facts.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#60)
    by chew2 on Tue May 09, 2006 at 09:06:36 AM EST
    mmyy
    her stripper license was revoked 3 times
    What's your source for this?

    Peaches, I think everyone here including TL is used to usual and low quality of Orinoco to insult and attack people in that way.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#62)
    by chew2 on Tue May 09, 2006 at 09:11:42 AM EST
    IMHO,
    This would suggest "yet another false report of fact"??? This is another example of you, in absence of evidence, suggesting the accuser falsely reported something.
    I've observed that bob will sometimes purposely mischaracterize and misrepresent things to further his arguments, sometimes after being corrected. He needs to keep arguing with someone. He will even argue with himself. I admire your tireless efforts to keep correcting the facts, but I personally wouldn't do it.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#63)
    by Peaches on Tue May 09, 2006 at 09:17:36 AM EST
    I think everyone here including TL is used to usual and low quality of Orinoco to insult and attack people in that way.
    I know. Jerelyn has deleted Orincos posts in the past. You would think he would learn. Perhaps he should be banned or limited to four post per day.

    chew2 posted:
    I've observed that bob will sometimes purposely mischaracterize and misrepresent things to further his arguments, sometimes after being corrected. He needs to keep arguing with someone. He will even argue with himself. I admire your tireless efforts to keep correcting the facts, but I personally wouldn't do it.
    I told myself I wouldn't, but I just can't seem to let misstatements or mischaracterizations go uncorrected. People that don't know better might believe him.

    I remember having read about the AV's license being revoked 3 times very early on in the investigation on either The Herald Sun or AP. I will try to find the source later. Here is the source for "31 hours" to complete the AV's statement-- http://www.newsobserver.com/1185/story/434410.html
    Police did not search the house where the party took place for two days after the party. Baker has said the delay occurred because it took 31 hours for police to get the accuser to give a statement of what happened at the party. But that does not explain why it took one more day to search the house. Nifong, the prosecutor, has said the delay may have resulted in lost evidence.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#66)
    by azbballfan on Tue May 09, 2006 at 10:00:19 AM EST
    Chew2 - Here ya go: "After the victim of the alleged assaults was taken to the Emergency Room of the Duke Hospital in the early morning hours of March 14, after earlier told Durham Police that she was raped and sexually assaulted by approximately 20 white members of a Duke team (a charge later modified to allege an attack by three individuals in a bathroom), the official report of the Duke Police Department was submitted and reviewed by the Duke Police Director, Robert Dean, at 7:30 a.m. on March 14." This statement was made in context of attempting to explain why the administration did not take immediate action. The report further states that the Duke police characterized the Durham police's account of her statements to be 'not credible' and that most likely the incident would amount to nothing. First, it's important to point out that this report characterizes Robert Dean's recollection of the turn of events. Further reading of the report indicates that the authors relied solely upon an interview with Robert Dean to generate their report. They did not review any police records and did not interview the Durham Police. Probably more damning - even my seventh grad English grammar teacher would have failed the writer of the quoted paragraph for being too obtuse and vague. The construction is terrible and the writer should be ashamed of themselves.

    "I told myself I wouldn't, but I just can't seem to let misstatements or mischaracterizations go uncorrected." Oh please could you be any more sanctimonious? everyone who has followed this case knows where you stand and where Bob stands. you don't have any moral high ground. Although what would it take for you to believe that she may not have been completely truthful?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#68)
    by azbballfan on Tue May 09, 2006 at 10:12:55 AM EST
    chew2 - OT: Yea, for game one I knew all along that the Suns would win. After game two, I'll tell you who I predicted for that game. Now I'm focused on rooting for my nephew's AAU 15 year old team. We're going to the nationals in Cocoa Beach in July.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#69)
    by Teresa on Tue May 09, 2006 at 10:13:55 AM EST
    azbb, all of the accounts of that report state that it is unclear where that information came from. The News & Observer is trying to get a statement from the Durham police. I hope they do. The TV people last night were sure it was from a police report but the newspaper articles say it isn't known where it came from. As for the 31 hour delay, didn't the accuser, in her one interview, say that she made the decision to go through with the charge after seeing her father and kids? According to the report, the Duke police also went to the house later that same night and no one was there. I hadn't read that before. I also didn't realize that the team was notified immediately by the administration. I can't understand when and if they cleaned the house, why did they keep those fingernails? All of her stuff except that shoe were still at the house. Where did that shoe go?

    Probably more damning - even my seventh grad English grammar teacher would have failed the writer of the quoted paragraph for being too obtuse and vague. The construction is terrible and the writer should be ashamed of themselves.
    Maybe I'm reading too much into this, but the passage is entirely in the passive voice. In every writing class I've ever taken they stressed writing in the active voice. But in legal writing they always tell you to present unfavorable facts in the passive voice. I wonder if it was intentional here. For instance, "she was raped and sexually assaulted by approximately 20 white members of a Duke team" is softer than saying "approximately 20 white members of a Duke team raped and sexually assaulted her"

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#72)
    by january on Tue May 09, 2006 at 10:24:11 AM EST
    Probably more damning - even my seventh grad English grammar teacher would have failed the writer of the quoted paragraph for being too obtuse and vague. The construction is terrible and the writer should be ashamed of themselves.
    Dang,azbb, I hope your teacher would have busted you for saying a "writer" should be ashamed of "themselves." (!)

    This may mean nothing, or may mean something, but the bottom of page 4 says that the Durham police told the Duke police and others that the AV "kept changing her story" (or words to that effect). Now, if she said at first she was assaulted by 20 white guys, and then changed to 3 white guys, would you characterize that as "she kept changing her story" or "she changed her story"? iow, maybe there were other, different, interim, versions of her story that we're not aware of. Then again, maybe this was another example of sloppy and/or purposely biased communication...

    You can post urls if you put them in html format. Otherwise, they skew the site. Instructions are in the comment box and there are also easy buttons. Highlight the source you are referring to, for example, News Observer, click on the "url" button and type in the url. It's very easy.

    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 Univ. Releases Report on Alleged Lacrosse (none / 0) (#78)
    by chew2 on Tue May 09, 2006 at 10:42:08 AM EST
    mmyy
    I remember having read about the AV's license being revoked 3 times very early on in the investigation on either The Herald Sun or AP. I will try to find the source later.
    I'd appreciate it if you post the source if you find it. That's a piece of info I hadn't heard before. I did do a brief search of the Durham Municipal Code and could find no provisions licensing adult entertainers.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#73)
    by azbballfan on Tue May 09, 2006 at 10:42:29 AM EST
    Teresa, for some reason the URL links is not working on this site. another attempt: link attempt

    Teresa posted:
    According to the report, the Duke police also went to the house later that same night and no one was there. I hadn't read that before. I also didn't realize that the team was notified immediately by the administration. I can't understand when and if they cleaned the house, why did they keep those fingernails? All of her stuff except that shoe were still at the house. Where did that shoe go?
    There is a recording of police transmissions from the early hours of March 14th. It's hard to understand some parts, but I think one officer is saying the accuser is on her way to Duke Hospital and then asks the person to whom they are speaking, to "go check on them young'uns" [I listened to it a while back and am paraphrasing]. Maybe that was the Durham police asking the Duke police to go by 610 N. Buchanan. I'll look for the link to the transmissions. The search warrant listed the trash/garbage as something they could search, maybe the nails were found in the trash. Didn't they seize some tissues or papertowels? They might have come from the trash as well.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#70)
    by azbballfan on Tue May 09, 2006 at 10:44:24 AM EST
    teresa, Here's the report. link It quotes its sources. Media accounts of the report would be vague in order to help 'create' a story. The authors did not review police reports and did not interview the Durham police. The report does do a good job of citing it's references. Read: Duke police director lamely tries to cover his butt and gets the scapegoat treatment by the administration. The context of the sentence was not to report on facts of the case, but to report on the perceived turn of events as reported by the Duke police director.

    From CBS: "The woman initially told police she was raped by 20 white men, then said she was attacked by three, the report said." Okay, az, stop accusing me of falsely repeating the "20 white men" raping the AV for the moment. And forget what was told to the Duke police for a second. Can you definitively say that the above statement from CBS News is false? If so, prove it. At some point a Durham police officer gave information to a Duke police officer containing the words "20 white men" and "raped." Are you saying he lied? Are you saying the Durham police officer misunderstood what the AV said? Are you saying the Duke police officer misunderstood what the Durham police officer said? And what proof do you have? Thanks in advance for your future civil tone and the facts that you will provide.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#83)
    by azbballfan on Tue May 09, 2006 at 11:11:58 AM EST
    Bob: CBS New is reporting 5th and 6th hand accounts of the events. The Durham Director of Police is quoting 3rd and 4th hand accounts of the events when asked to justify his belief that the incident would just go away. This amounts to 'heresay'. Again, please stop repeating false reports of facts.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#84)
    by Teresa on Tue May 09, 2006 at 11:12:35 AM EST
    Their report said the accuser initially told Durham police that "she was raped and sexually assaulted by approximately 20 white members of a Duke team." The source of that information is unclear, and efforts Monday to reach Durham police officials were unsuccessful.
    www.newsobserver.com For Bob. The WRAL report says the same thing.

    Regarding evidence of crying by the two strippers: ... Pictures? No pictures show crying. Regarding statements? Roberts never mentions crying by herself or by the AV. No one mentions either one crying. Bissey, who sees the women coming and going, never mentions that the two women are crying. Any hint of the two women crying at Kroger's? Certainly not initially. The security guard doesn't mention it. The cop says she's passed out sleeping. No mention of crying, no tears in her eyes. We have unnamed sources talking about a "death grip" on the "steering wheel" or "parking break" but no crying. --- When the AV is at the hospital she is crying and says that both she and Roberts were crying. That suggests strongly that the woman was crying at the hospital. If no pictures showed crying and no one else saw crying, including the neighbor and Roberts, this seems to indicate that there was no crying. We also know that the AV was walking around for around a half-hour with one 7-inch high hell on and one off. Roberts said she was glassy-eyed, suggesting that she was very intoxicated. When Roberts mentions the AV's glassy eyes, she does not say that they were welling with tears. If you look into someone's eyes, and that someone is crying, you see tears. What little we know indicates the the woman was too intoxicated to dance. We know that the AV tried to get back into the house after the two left around 12:30. No crying then. No crying at the back of the house around 11:50. If that was their second time going into the house, that would suggest that the two strippers had already been crying. I would say that this suggests that the AV was not crying at the Buchanan house and that it is even less likely that both of them were crying at the Buchanan house. Is it absolute proof? No. But it sounds much like an invention to further bolster the AV's emerging version of events at the hospital.

    chew2, regarding me, I asked you a week ago, after you kept referring to the rape examination report. Got it yet?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#88)
    by Teresa on Tue May 09, 2006 at 11:20:46 AM EST
    Pictures? No pictures show crying.
    Bob, we've only seen the pictures the defense wants us to see so far. Based on Kim's call to 911, she crys when she is angry and I could see both of them getting tearful for a minute after the broomstick remark. That doesn't mean they ran outside sobbing for the neighbors to see.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#89)
    by chew2 on Tue May 09, 2006 at 11:24:14 AM EST
    azbballfan, Thanks but why don't you post the language before and after that paragraph about the "20 men" from the report, and the other pertinent language from the report about the communications between the Duke police and Durham police. The excerpt has a typo and as you point out doesn't seem make clear how or from what source the report writers learned of the "20 men" allegation. Leave poor Bob alone. We lead him to the exact report language and a link to the report. If he doesn't want to read it, and instead rely on a third hand CBS characterization fine. Let him argue with himself.

    IMHO, So you are saying that the report attributed to the Durham police officer is heresay, and therefore must be false? Then why haven't you said that to chew2, who referred to an unnamed source at the hospital? That was heresay. chew2's response is that if I didn't believe it, I should contact ESPN. So maybe you shouldn't blame me, contact CBS. You may also recall that chew2, without a copy of the rape examination report, kept telling everyone here that it demonstrably proved a rape occurred. I don't recall that you ever correctly her that she was making false statements because it was heresay. A report says a Durham police officer said the AV initially reported 20 men raping her. Yes, it will all become clear when and if that officer is on the stand, when we review his statements and the statements of others. But please, if you don't like what's reported in the news, don't try to insult me by saying I'm making false accusations. Ninety-five percent of what we discuss here is speculation and inference based on heresay. Don't like the news reporting? Don't blame me. Don't like speculating? Stay away from here, because that's about all that's been going on around here. +++ By the way, as I have said repeatedly, I don't know whether or not a rape occurred and lean slightly towards believing it did. I don't believe the AV is a reliable source of information. That's speculation too.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#91)
    by chew2 on Tue May 09, 2006 at 11:32:01 AM EST
    Teresa
    Pictures? No pictures show crying.
    Bob is claiming he saw a story about both dancers crying on this site. Is this a figment of his imagination, or is there such a story? I didn't see that story, but maybe I missed it.

    Assuming this report is correct, I wonder how people who thinks she is making a false accusation, are fitting this wrong claim to their story. If she is conspiring against players for money or something else, how you can explain she claimed something hard to believe and changed it later. I think even if the report is accurate it won't be hard to justify her initial confusion of communication with the police because of her being intoxicated and shock in the result of a brutal rape and beating. Plus nothing is far from the facts. There were hostility from a group of players consists of approx. 20 people while they were dancing. It is very possible there was a miscommunication there.

    fwiw, I tried copying the relevant paragraphs from the pdf report and post them here, but was unable to do so - maybe I don't have the right adobe software. Maybe someone else can do so? If we all are reading the same thing, maybe it would help...

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#94)
    by Teresa on Tue May 09, 2006 at 11:40:06 AM EST
    Bob is claiming he saw a story about both dancers crying on this site. Is this a figment of his imagination, or is there such a story? I didn't see that story, but maybe I missed it.
    She did say that in the only interview she has given. I took it as briefly scared enough to get tearful not a huge crying fit.

    Orinoco, I still think making fun of a potentially victimized person or anyone is not ethical. I see that you dont agree with this and you wanted it to be deleted. Obviously we dont share the moral grounds.

    Teresa, point taken. Only photos the defense wants us to see. But we don't know all neutral observers did not see crying until the AV began talking about rape, presumably at or on the way to the drunk tank? Remember Roberts said the AV was glassy-eyed. If you observe someone's eyes and you are talking in reference to a night when that someone was allegedly raped, you would note if there were tears in her eyes. No mention of the AV crying by Roberts? That suggests to me that Roberts didn't see her crying. And if Roberts were crying and the victim were crying, I can't imagine that that observation would pass by her in discussing the night when the other stripper was raped. If the AV were crying after the two had gotten back together after being "separated" and if the AV had been crying, wouldn't Roberts have mentioned it in the telephone call to the police? Wouldn't the AV crying have been suspicious to Roberts, who says that on the night of the alleged rape she didn't believe that a rape had occurred? As for the telephone call to the police, we don't know if Roberts was actually crying. We do know that she wasn't being completely honest with the police as to who she was and her business relationship with the attendees at the party, and that the purpose of the call was to get the police to come and hassle with the people at the Buchanan house. If there was a catch in her voice it may have been because she was afraid, although insulting a group of men about their sexual inadequacies doesn't strike me as the actions of someone who was fearful. If Roberts were fearful, she would have gotten the hell away from there before she called the cops. So, yes, Teresa, your point is taken, but I think that the story about the AV and the other woman crying seems to be an add-on after the fact.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#97)
    by chew2 on Tue May 09, 2006 at 11:46:26 AM EST
    IMHO & Bob,
    You may also recall that chew2, without a copy of the rape examination report, kept telling everyone here that it demonstrably proved a rape occurred.
    Now this is definitely a figment of Bob's imagination or a purposeful misrepresentation. LOL! But I don't expect him not to keep repeating that false and dishonest claim. This what I said the day the sealed indictments were handed down.
    I'm thinking the indictments were premature. Nifong should have taken more time. Assuming that the medical evidence is persuasive as to a rape having occurred (a big but necessary assumption_, the key issue is identification of the assailants. If the alleged victim was impaired due to alcohol or a date rape drug her ID will need some corroboration.
    This what I said when Lora summarized the news reports from the rape kit.
    It does lend a lot of support to the claim that some sort of assault occurred that night, almost certainly at that house, and helps to explain Nifong's public statement that he believed a sexual assault occurred that night.


    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#98)
    by azbballfan on Tue May 09, 2006 at 11:48:51 AM EST
    chew2, I got tired of trying to retype the akward sentence. (it seemed like a paragraph didn't it?) You may read it differently, but the writers concluded that the administration was not responsible for knowing about the event because the Duke PD told them it was a spurrious charge. The report later claims that the Duke PD should have researched the case more before discounting it. The report does a good job of citing it's references. It does not cite any police report but it does list an interview with the Duke Police Director as a source. Click on May 8th Report That's the way I read it. I'm open to other reasoned opinions. The report does bring to light a new factoid which could become important in the evolution of the prosecution's case. On the morning of March 14th, the lacrosse coach was called to inform him about the incident and that the police were involved. To his credit, the Coach did have a reputation of trying to corral his players (without the support of his AD). The administration could have unwittingly and with all the right intentions tainted the investigation by tipping off the players.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#99)
    by Teresa on Tue May 09, 2006 at 11:54:24 AM EST
    Bob, are you saying she was crying after the alleged rape? That's not what I thought I read. I thought she got tearful after the broomstick argument and then they calmed them down and they went back to the house. I haven't seen any reports that she was tearful when leaving the house.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#100)
    by wumhenry on Tue May 09, 2006 at 11:56:49 AM EST
    Kerry Sutton campaigned for him. She had a sign on her lawn, was wearing a Nifong T-shirt and was greeting voters on their way to the polling place. Butch Williams watched the election results with Nifong and gave him a hug when he was declared the winner.
    So they sucked up to him before he won. Your point is?
    According to that report, one sucked up in advance (couldn't hurt) and another sucked up afterward. My point is that public backslapping of the DA from defense attorneys headquartered in Durham should be taken with a grain of salt because it's obviously in their self-interest to stay on his good side. *Your* point is?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#103)
    by chew2 on Tue May 09, 2006 at 12:07:06 PM EST
    azbballfan, Thanks, don't sweat it. I didn't know you had to hand type it in. I can't read the report's pdf format from the computer I'm currrently at for some reason, but was able to read it on another computer yesterday.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#104)
    by Teresa on Tue May 09, 2006 at 12:15:11 PM EST
    Oh Orinoco, Bob beats himself up more than we do. He believes a rape could have happened but just plays devil's advocate with himself and we help him.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#105)
    by wumhenry on Tue May 09, 2006 at 12:19:57 PM EST
    I think even if the report is accurate it won't be hard to justify her initial confusion of communication with the police because of her being intoxicated and shock in the result of a brutal rape and beating. Plus nothing is far from the facts.
    That's a lame attempt to explain the contradiction away. It's extremely implausible that the AV was raped by three men in a bathroom and yet believed, at any time, that she was raped by twenty men at time in question. It's far easier to believe that she made up the story about being raped and reduced the number of alleged perps from twenty to three after sobering up because she thought the altered version would be more credible.

    IMHO, The story about the AV claiming that both she and Roberts was crying was in her interview, not from the hospital according to the Duke report. My bad. As far as what others saw and have not said regarding her crying, yes, we don't know. If she were raped while locked in the bathroom, I would expect she would be crying if she had any awareness about what was happening. If I'm speculating on what the press attributes to a Durham police officer, then will you admit that you are speculating on what everyone saw? Of course, we don't know what everyone saw. What we do know is that no one reported the two women crying until the AV said it. We know it doesn't conform with Roberts' "glassy-eyed" comment. I note that you never address Roberts' observations. As far as the rape report, you have heard Nifong quote a line or two. Same in the search warrant. In both cases, we can expect Nifong to use something that would bolster his reasoning for legal actions. Nifong would not quote from the rape examination report where observations may well have been equivocal, or from the Durham police officer who may have felt that the AV was not credible because she kept changing her story. My point was that what little we know about the body of the rape examination report is speculative and very incomplete. I speculate that there has to be more in that report of a substantial nature for Nifong to pursue the matter, but I am not relying on what isn't known to make any definitive statement about whether or not a rape occurred. You have just admitted that you believe it's okay to speculate because a DA is the source of the truncated information, and your trust of his authority is admirable. I guess that if crumbs that fall from Nifong's lips are the absolute truth, then I guess we can all pack up and go home. I am saying that when the AV makes statements that seem contradictory to what is known, I am free to speculate as to her credibility. You are free to speculate as to her history, her actions, her past reports of crimes, her intoxication, her mental health, whatever. If people ever want to speculate on any news story around here that isn't absolute truth set in stone, they might not want to criticize others' speculations on news reports.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#107)
    by Teresa on Tue May 09, 2006 at 12:27:29 PM EST
    wumhenry, I believe it is a miscommunication. Even a crazy person wouldn't state that 20 men raped her. There may have been 20 men in the room joking about a broomstick but no way do I believe she said 20 men raped her in a bathroom. She would have to be drugged to say that. Or delirious.

    The administration could have unwittingly and with all the right intentions tainted the investigation by tipping off the players.
    Azbballfan's comment sparked my interest. Whether the players were tipped off to the investigation or not (or whether they needed to be), we know that the search of the house was some time in coming. Given the particulars of this case, what type of evidence might have been turned up had a search of the house been conducted earlier and to what extent could a thorough cleaning have obscured that evidence? Has there been any reporting as to what condition the house was in at the time of the search?

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#110)
    by wumhenry on Tue May 09, 2006 at 12:33:40 PM EST
    You misstated a fact. The papers reported at least three of the defense attorneys for lacrosse players contributed to his campaign fund. Williams supported him before the election.
    No, I didn't. I made a point about there being an ulterior motive for post-election sucking up -- and there was, in fact, some conspicuous post-election sucking up. That some of the attorneys were also conspicuously sucking up to the incumbent DA before his re-election (which I didn't recall but didn't deny) hardly disproves my point. The insinuation that I deliberately withheld relevant info is specious.

    azbballfan posted:
    To his credit, the Coach did have a reputation of trying to corral his players (without the support of his AD). The administration could have unwittingly and with all the right intentions tainted the investigation by tipping off the players.
    If the accuser is lying or telling the truth, it sounds like the coach took the fall for many people's mistakes, but he could have been more effective, himself. The punishment cited for reported infractions (which were all minor) was making the players "run." If he had threatened them with loss of playing time they might have taken him more seriously. Here's something I found telling about the interview with the lacrosse player that hid in the shadows to complain about the mistreatment the players and coach Pressler received from the University - he blamed the coaches resignation/firing on the "disconnect" between the University and the coach, citing the incomplete reporting of the infractions. He failed to mention what I consider the true source of the problem - the "disconnect" between what the coach was asking of his players and their response. Their disrespect for him, especially the team captains' violation of his trust, is what cost him his job. The shadow player, whom I'm guessing is a captain, isn't ready to own up to that.

    wumhenery asked:
    *Your* point is?
    You misstated a fact. The papers reported at least three of the defense attorneys for lacrosse players contributed to his campaign fund. Williams supported him before the election.

    Bob in Pacifica posted:
    If no pictures showed crying and no one else saw crying, including the neighbor and Roberts, this seems to indicate that there was no crying.
    "If no pictures showed crying"??? Since you've asked to see the rape examination report I take that to mean you are not relying on Nifong's characterization of what is written in the report or the search warrant's description of the exam results. Now you are asking us to rely on what reporters like Dan Abrams and the defense attorneys are telling us the photos of the victim show? I've only seen photos where her face is a blob. Have you seen others? If so, can you tell that she is not crying in those photos? "no one else saw crying,"??? Have you seen the three captains' interviews? I haven't. For all we know they reported she was sobbing uncontrollably when the broom was held aloft. The other 40+ players may have seen her sobbing as well, but since they haven't spoken publically on the subject we don't know that "no one else saw crying." Same goes for Bissey and Roberts, have they been asked if they saw the accuser crying? Our not knowing if anyone else reported or even merely saw her crying, is a long way from stating "no one else saw crying." I don't know why I bothered, this is a mild example of your mischaracterizations and the indications you draw from them. Bob in Pacifica posted:
    When the AV is at the hospital she is crying and says that both she and Roberts were crying.
    I haven't seen that. Do you have a source that says the accuser told someone at the hospital that she and Roberts were crying?

    OOPS! In my above post I meant chew 2 posted that quote.

    wumhenry, I've mentioned this before and none of the defenders of the AV's versions of events ever wants to discuss it. While they are quite willing to believe that the AV truthfully reported what happened to the SANE nurse, they never address her lapses of consciousness and how being intoxicated and passed out would affect her recollections. It's always possible that the Durham police officer misunderstood what the AV said about the twenty guys, and that information should be clearer when that cop testifies. But cops are taught to listen to stories and note details. I've read plenty of reports of Postal Inspectors' interviews, and they will jump on any contradiction in their target's story. If the Durham cop did indeed note that the AV kept changing her story, it suggests that she was creating a narrative. It could have been a bald-faced lie, it could have been an attempt to explain the two hours she was blacked out. Maybe she was piecing together what she did remember. +++ While I don't know, I can infer that the idea of the AV initially telling a Durham police officer that she had been raped and sexually assaulted by "20 white men" is quite disturbing to their view of the case and I can infer that the sudden increase in vitriol and personal attacks here is due to that. chew2, you have that rape examination report yet?

    huesofblue posted:
    Maybe I'm reading too much into this, but the passage is entirely in the passive voice. In every writing class I've ever taken they stressed writing in the active voice. But in legal writing they always tell you to present unfavorable facts in the passive voice. I wonder if it was intentional here.
    For instance, "she was raped and sexually assaulted by approximately 20 white members of a Duke team" is softer than saying "approximately 20 white members of a Duke team raped and sexually assaulted her"
    Very interesting point, huesofblue. How about this - ***WARNING FALSE DIALOGUE*** ***DO NOT REPORT AS TRANSCRIPT OF ACCUSER'S INTERVIEW WITH POLICE*** ACCUSER (shaking, crying uncontrollably): I was gang raped at a frat party! INTERVIEWER: How many were there? ACCUSER: Twenty. or maybe she heard it this way - ACCUSER (shaking, crying uncontrollably): I was gang raped at a frat party! INTERVIEWER: How many were there? ACCUSER: Twenty.

    mmyy posted:
    I'd appreciate it if you post the source if you find it. That's a piece of info I hadn't heard before. I did do a brief search of the Durham Municipal Code and could find no provisions licensing adult entertainers.
    I checked also. In Detroit, exotic dancers do need a license, I haven't been able to find out if they need one to dance in Durham. The escort agencies need a license, but I don't know if it is more the license any business needs. The strip clubs need a dancing license as well as a liquor license and business license.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#112)
    by Teresa on Tue May 09, 2006 at 12:42:25 PM EST
    That interests me as well DO. If I understood TL correctly in an earlier report, the DNA tests turned over to the police would be from testing for their DNA on her body. I know the police took paper towels and a white floor cleaning wipe (wipe or cleaner??) so I guess they tested them too. I just don't know if those results would be part of what was turned over to the defense or not. I also wonder why they wrote "white floor cleaning wipe" instead of just cleaning wipe. I guess it's possible the guys had a portable swiffer (not the larger one) in the bathroom. Mine is white and I "wipe" the floor with it. They would probably have called that just a floor clearer in the report though, I guess.

    Bob in Pacifica posted:
    IMHO, So you are saying that the report attributed to the Durham police officer is heresay, and therefore must be false?
    I don't know what you are talking about. Our posts are over-lapping. Could you help me out? Thanks.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#114)
    by wumhenry on Tue May 09, 2006 at 12:43:12 PM EST
    Teresa said:
    no way do I believe she said 20 men raped her in a bathroom
    Then why do you suppose Duke's investigative committee reported that the police said the AV originally alleged that twenty men raped her? What could she have possibly have said instead that could have been misconstrued as an allegation that she was raped by twenty men?

    kitkat posted:
    Oh please could you be any more sanctimonious? everyone who has followed this case knows where you stand and where Bob stands. you don't have any moral high ground. Although what would it take for you to believe that she may not have been completely truthful?
    I have stated several times I do not know who is lying here. I'm not objecting to Bob's criticisms of the accuser, I am objecting to his mischaracterizations and his misstatement of facts. He persists even when corrected. People posting here may be aware of his propensity, but the casual reader may not be, that's why I try to correct his misstatements. There is enough bad reporting of this case in the media without bloggers adding to the problem. People that have spent more time looking into the facts of the case than many reporters have, should not be misstating facts to further their arguments, whichever side, if either, they have taken.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#115)
    by azbballfan on Tue May 09, 2006 at 12:48:44 PM EST
    wumhenry - Go back and re-read the report. It reports on innuendo and third party representations of facts. It does not attribute the statement to the AV - it attributes the statement to the Duke PD. The Duke PD did not interview the AV who could only provide heresay.

    Someone's been drinking.
    and look who it is!

    What Orinoco posted:
    In 2002, Nifong was doing traffic cases because of prostate cancer. It was this time that the av was able to plead down that joy ride/running down police charge to three weekends in jail. 27 years in the DA's office prosecuting these run-of-the-mill defendants is probably very boring.
    the truth:
    By June of 1979, he had worked his way up to Superior Court, where he amassed a record of more than three hundred felony jury trials (nearly a quarter of which involved homicides) over the next two decades. In the years since 1999, he has experienced a decrease in courtroom involvement and a corresponding increase in administrative responsibilities and policy development.


    Banned.

    Teresa, the point is a small one. What's crying? My eyes used to water at the "reach out and touch someone" commercials. The AV used the example of BOTH dancers crying in order to prove how horrible it was at the Buchanan house. Roberts never mentions either of them crying. Like I have said, it sounds to me like an "add-on." If the alleged crying didn't mean anything, the AV wouldn't have mentioned it in her interview. In fact, if the broomstick remark made both women cry, why didn't the AV cry after she was raped? Roberts mentions nothing about the AV crying on their way out to the car. Was she crying when she danced? Wouldn't Roberts have noticed her crying then? Roberts noticed her being "glassy-eyed." Roberts never suspected that a rape occurred that night. Tears would have been suspicious. People will embroider their stories to make them more believable. I have seen people I've represented make exaggerated statements as I've seen exaggerated charges against people I've represented. People think if you make your story more dramatic you will get more people to believe you, but often it shows an underlying dishonesty. I think that the alleged victim is not a very reliable source of information.

    wumhenry posted:
    The insinuation that I deliberately withheld relevant info is specious.
    I didn't insinuate it was deliberate, I assumed you were merely uninformed, which you admit you were, and now are not, which was the point of my post.

    azbballfan, the original claim is attributed to a Durham police officer. You can imagine the Duke police making it up, but to do that would be speculation. I'm beginning to think the problem here isn't heresay but heresy.

    You've got way more patience and civility than I do Bob.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#121)
    by Teresa on Tue May 09, 2006 at 01:07:18 PM EST
    Dan Abrams just read many paragraphs from the report and still has not mentioned the actual statement of the Duke officer on the scene at the hospital.

    The Abrams Report (just a few minutes ago transcribed from tape by imho) Abrams: How certain are you - it was stated as a fact that the accuser initially said that it was twenty people that assaulted her and then change it to three. How certain were you of that? William Bowen: Well, we were relying on a Duke police report that was based on conversations the Duke police had with the Durham police. But I myself would not put a lot of emphasis on the difference between twenty and three. This was a large gathering of people. The woman claimed that she was badly treated, very badly treated And then the specifics of the three people in the bathroom came out later. Abrams: Her credibility is crucial here and if she is saying one time it is twenty and another time it is three it's a big difference. William Bowen: Well, I think it could be interpreted as there being a large group of people involved a difficult situation and then finally when it came right down to it, according to her account, three people in a bathroom. [I love the look on Abram's face when his guests say something he does not want to hear]

    IMHO: In other words, "much ado about nothing." People are trying to pick apart and analyze phrasing that was never intended to be that specific in the first place?

    IMHO, the url provided for your name is meant for bloggers to include a link to their blog. You do not have a blog. Your url links to a thread on a message board that is critical of this site. If you'd like to continue commenting here, please delete the url from your comments. I don't intend to assist you in promoting that thread.

    Well, apparently, the info we have is that the Durham police - who were the ones actually interviewing the AV and thereby our only source of first-hand info regarding the conversations - believed her to be saying, initially, that 20 guys raped her. We'll have to wait, I suppose, for those officers to be on the witness stand for them to clarify, but until then, isn't any post-mortem attempt by someone not present during the interviews to suggest that the police who were present at the interviews may have "interpreted" the AV's statements incorrectly, the wildest of speculations? I wonder if the police taped their interviews with the AV.

    Could anyone explain the status of bathroom to me? Theoretically there were two days to clean it up. Yet had it been cleaned, the police would not have found the AV's belongings--the makeup bag, cellphone and $160 scattered on the bathroom floor. If not, did that mean that the three captains never returned home after the party? Or they still lived there but did not touch that bathroom at all? Why would they feel that they need to keep the bathroom scene intact? Just my curiosity.

    The Duke university website just listed a "confidential" operations report. The report states the following: "On the above date and time a female was brought into the Emergency Department by Durham Police in reference to possible rape. The female was picked up at the Kroger on Hillsborough Road, and she was claiming that she was raped by approximately 20 white males at 610 N. Buchanan Street..........The victim changed her story several times, and eventually Durham Police stated that charges would not exceed misdemeanor simple assault against the occupants of 610 N.Buchanan. There were no charges filed by Duke Police Officers. No suspects have been identified as of this time."

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#129)
    by Teresa on Tue May 09, 2006 at 01:55:53 PM EST
    suo, the fact that they also said "she is not important" makes me wonder how much attention they paid to her story at all. I guess all of this stuff really doesn't matter anyway. Nobody is going to convict anybody based on her version of events. It's going to take real medical evidence, not just "consistent with" reports. Even with that, without DNA her identification won't be accepted.

    You'd better link us to that report, Pat.

    With regard to the operations report, simply go to www.duke.edu and click on the hot button that discusses the Duke Lacrosse situation. Within that page is a new link for the report that I quoted. I'll try to get the link in URL form

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#132)
    by Teresa on Tue May 09, 2006 at 02:04:33 PM EST
    dukenews.duke.edu here it is

    I agree with you Teresa.

    Teresa: I think your URL is to the report which critiqued Duke's response - the report I quoted is a pdf form listed on the duke site. It's a one page Operations Report.

    Pat, look here on how to link.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#137)
    by Teresa on Tue May 09, 2006 at 02:11:47 PM EST
    You know, suo, that would be really bad for Duke and the lacrosse team. If there is good evidence of a rape but no evidence of who did it, they will all be suspect in a way. Nifong stated today that he hadn't heard that (the 20 guys) and doesn't think it's true. Even if it is, he said, it doesn't change anything. He fully intends to go through with this it seems. I wish I knew what he seems to know.

    mmyy posted:
    Yet had it been cleaned, the police would not have found the AV's belongings--the makeup bag, cellphone and $160 scattered on the bathroom floor.
    I don't think we know where in the house these things were found. Cheshire said the towel with DNA on it was near (or outside?) the bathroom door.

    The Duke University police report is here. [link fixed] It says the accuser was picked up at Kroger's and she had been claiming she was raped by 20 men. The author is Christopher Day. The report was approved by a supervisor.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#140)
    by Teresa on Tue May 09, 2006 at 02:24:11 PM EST
    TL, I think she's referring to the new report released today that shows the actual Duke Police report. It is what I linked above.

    I can't create the URL for you (newbie on this blog). The URL is the following Within this URL, scroll down to the Resources section and click on the hot button that has the Operations Report. It's a PDF file.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#141)
    by Teresa on Tue May 09, 2006 at 02:26:52 PM EST
    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#142)
    by Teresa on Tue May 09, 2006 at 02:28:00 PM EST
    nevermind, I'm stupid. Your report and Pat's and mine are the same. Sorry.

    The Duke University police report is here.
    Wow. That's a hell of an initial impression. The prosecutor may be able to get the report (or at least the damaging parts of it) excluded as hearsay, but there's still enough there to help the defense a lot. Without DNA evidence, the inmpressions of the first people to see the victim will be pretty key.

    Teresa posted:
    nevermind, I'm stupid.
    Of course not, now about that crush you have on Sean Hannity, or was it Yale Galanter...

    Teresa, what if there's no "good" evidence of rape? They'd all still be suspects in a way...of course, this conversation gets back to the unending "lasting taint" conversation of a few days ago...

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#146)
    by Teresa on Tue May 09, 2006 at 02:34:54 PM EST
    lol. Let's add Tucker and I can have my own threesome.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#147)
    by chew2 on Tue May 09, 2006 at 02:39:25 PM EST
    I was able to read the report. Officer Day checked a box on the police report form, "How Received", "by phone". It appears that he received the allegation of "rape by 20 men" over the phone, probably from the Durham police. However, he later states "Lt. Best" "stayed at the Emergency room to gather information from the victim with the Durham police." I assume this was the Duke University police officer. So he could have received the "20 men" info from her. He concludes by stating that "the victim changed her story several times" and the Durham police said that charges would not exceed misdemeanor assault. I wonder if this was from Lt.Best over the phone, and reflects the emergency room questioning. The inital report says the incident was reported at 0300 3/14/2006 and the report is "submitted 3/14/2005". It's unclear to me from this report whether the report of "20 men" allegedly came from the AV at the Krogers or later in the emergency room. And of course it's unclear whether there was any sort of miscommunication between the AV, the Durham police, the Duke police, and finally Officer Day the report writer. As some have pointed out the AV was reportedly both intoxicated/drugged at the Krogers and later showing the signs of shock, trauman and hysteria at the emergency room. It's reasonable to suppose that her memory was clearer the next day when she provided sufficient details to the Durham police so that they took her seriously and decided to seek a search warrant. One possible reason for her "changing her story", other than shock and trauma, was that she didn't want to reveal she was escorting. It depends on the details that kept changing.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#148)
    by Teresa on Tue May 09, 2006 at 02:43:13 PM EST
    Teresa, what if there's no "good" evidence of rape? They'd all still be suspects in a way...of course, this conversation gets back to the unending "lasting taint" conversation of a few days ago...
    Nifong must have some medical evidence that convinces him without a doubt that she was raped. If not, he must be crazy. He hasn't had a reputation in the past for being difficult and he is being very difficult and stubborn in this case. I know I can be naive but surely he has something.

    I'd like to take a little broader view of the case - just for the purposes of full disclosure, I'm a male, white, 50sh professor at a peer university of Duke. My niece is a junior at Duke who is on a varsity athletic team. As a starting point, let's begin when the Kim and the AV leave (approximately 12:50). Kim makes two 911 calls to complain about racial slurs, but says she is OK. She then drives to the Kroger and can't get the A/V to leave her car. The security guard at Kroger calls the police, who make an assessment of "passed-out drunk" and then takes the A/V to a drug/alcohol abuse center. After a short period there, the A/V makes a claim about being raped, and the police take her to the hospital where a SANE nurse examines her. Okay - without all the specifics - my view is this sequence of events is not unreasonable for someone who has been raped - though it's not a "slam dunk" by any means either. One can argue that she was intoxicated, frightened, traumatized, and ashamed, etc. and thus, not willing or able to report the rape - but, one can also imagine other motivations for making the claim (anger, fear of being held overnight, fear of being charged as a prostitute, delusions, etc.) The problem for the prosecution is that her history (to the extent admissible), condition, and occupation make her claim less believable than in other situations. For example, one would have to question why she was not taken to the hospital or police office directly - perhaps because she couldn't communicate with Kim, or Kim did not think she had been raped, or Kim didn't want to get involved. I'm not trying to make a judgment, per se, ...I think that if I were a juror, I would not give it the weight that I would if someone simply was attacked in their sleep and they immediately called 911 for help. I would need to see something more substantive. Next topic - the SANE exam.

    You people can focus all you want on the 20 to 3 all you want, but what is completely being overlooked (at least in terms of discussion) is that the DURHAM POLICE found the AV's story not to be credible. Use some common sense....if you are saying that the Durham Police mis-heard the AV then you are basically saying they are complete buffoons. (Not every officer in NC is Barney Fife). It also assumes that they did not have any follow-ups questions to clarify the difference in numbers. FYI - police tend to pick up on these types of drastic inconsistnecies and explore the varience. "Are you sure it was 3?" "Why did you say 20 before?" Having spent enough time around law enforcement, they are not buffoons, especially when it comes to an alleged rape. You insult them by suggesting otherwise. As usual, it amazes me how common sense goes out the window in the name of protecting the AV's story. For several of you here, the thought of the AV making up this whole fiasco is actually horifying because then you would have to admit you were wrong in your interpretations and speculations. It is kind of sick that objectivity is automatically out the window to protect the AV....subconsciously you must want a rape to have occurred so you can be right. It has occurred to me that only one possibility exists for some of you to honestly question the AV's credibility: the AV somehow accuses you of raping her. Initially, I thought there were 2 possibilities...she admits that it did not happen...then I realized that some will still argue that she is "just denying the rape because of pressure" and that it actually happened). Personally, I hope a rape did not occur, but it may have. Until there is a verdict or an admission, I will remain objective and not throw common sense out the window. Lastly, by the way, for those of you who instantly dismissed the lacrosse players as having no credibility and so quickly accepted Nifong's characterization of them as "hooligans": 1. In 2005, 60% of the team had a GPA of 3.0 or higher; in the last 4 years nearly 80% of the team (147 players) have been on the Academic ACC Honor Roll (second only to the women's rowing team). 2. In the past year, lacrosse players have volunteered for over 21 community service programs with one senior being nominated for the prestigious ACC Community Service of the Year Award; 3. The Duke Lacrosse team raised more money than any other student group for Katrina relief; 4. The vile email was partial quote from "American Psycho", a movie on the cirriculum of 3 courses at Duke, including the Focus course for freshmen; and 5. there were 1021 citations of Duke students by Durham police in the last 2 1/2 years, only 15 of those were lacrosse players. Coach Pressler insisted on high academic and community-service standards. He was scapegoated by an administration that abandoned common sense, patience and the tenent of innocent until proven guilty out of fear of an image created by the MSM and individuals with unrelated personal agendas. Shame on the administration.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#151)
    by wumhenry on Tue May 09, 2006 at 02:52:25 PM EST
    It does not attribute the statement to the AV - it attributes the statement to the Duke PD.
    'Scuse me? It states as a fact that "the female ... was claiming that she was raped by approximately 20 white males at 610 N. Buchanan Street" and that she "changed her story several times." The report that she said this may have come from the PD, but it definitely attributes the statement to the AV. As related in the Duke report, it's hearsay, but testimony by a person, or persons, who heard her say it would not be.

    Posted by huesofblue
    Wow. That's a hell of an initial impression.
    Yeah, no kidding. At least in the mind of the person who wrote the report there wasn't any ambiguity about the initial impression of the AV's (various) versions of the alleged events.

    165 comments, time to close. Here's the new thread, leading with the copy of the Duke University police report released today.

    Re: Duke Univ. Releases Report on Alleged Lacrosse (none / 0) (#154)
    by Teresa on Tue May 09, 2006 at 02:56:45 PM EST
    Kali, and you think we are biased? Personally, I will have no egg on my face when this is over because I don't know what happened. I just hope the truth comes out. My only argument with you is that good guys can commit rape in a fit of anger and strippers/escorts can be raped. I haven't seen all the evidence. The known evidence tells me the indicted guys (at least one) is innocent. I haven't seen any prosecution evidence to make a final determination.

    Talk Left, Done. [TL: Thanks, much appreciated.]