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Duke: Second Dancer Comes Forward, Identifies Herself

The second dancer -- not the accuser -- in the Duke Lacrosse story has identified herself as Kim Roberts and tells her story.

She's angry -- and if the slur she describes actually were made by one or more lacrosse players, and I don't doubt her on this since the defense lawyers seem to concede the racial slurs, she has every right to be.

"Don't forget that they called me a damn n*gger," she said. "She (the accuser) was passed out in the car. She doesn't know what she was called. I was called that. I can never forget that."

But Roberts acknowledges she doesn't know if the accuser was raped.

Update: It seems the second dancer is reaching out to pr firms like 5W Public Relations to "spin this to her advantage." More on the CEO of the company who wrote the blogpost here.

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    from TL's link:
    "If they're innocent, they will not go to jail," she said. But, she [Ms. Roberts, the second dancer] added, "If the truth is on their side, why are they supporting it with so many lies?"
    Has she explained what lies she believes the players to have said?

    By "they" I think she means the defense team. I think the lies she is referring to are the defense team claims that her account supports the defense timeline. She says it does not.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#3)
    by Peaches on Fri Apr 21, 2006 at 11:51:04 AM EST
    One thing she must think they are lying about is the claim that the two strippers locked themselves in the bathroom and the players were sliding bills under the door trying to get them to come out. She says,
    "I was not in the bathroom when it happened, so I can't say a rape occurred _ and I never will,"
    I am guessing she is implying that the two were never in the bathroom together.

    since the defense lawyers seem to concede the racial slurs,
    I haven't read anything that suggested that, I have been wondering if the racial slurs have been substantiated or not.

    Ok, I think I get it now. The "lies" she refers to are the claims that she (initially) didn't think the other girl was raped, and that she (Ms. Roberts) may be changing her story due to preferential treatment by the DA.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#6)
    by Peaches on Fri Apr 21, 2006 at 11:59:37 AM EST
    The "lies" she refers to are the claims that she (initially) didn't think the other girl was raped, and that she (Ms. Roberts) may be changing her story due to preferential treatment by the DA.
    We all get to draw our own conclusions, Sarc. You go right ahead and draw yours.

    This womans credibility is shot! the defense attorneys are jumping out their skin to get this woman on the stand... If you look at the witnesses close to this case, all the DA has is the accuser right now...He needs one of the players...if he can get that, he can change the tide of this case...

    that she (Ms. Roberts) may be changing her story due to preferential treatment by the DA.
    Well there can be no doubt of this - she certainly is. This Kim Roberts character has cut her own credibility to nill - all in her first public interview.

    TL
    But Roberts acknowledges she doesn't know if the accuser was raped.
    That's more than many of the players involved are acknowledging. Matt Zash, supposedly, spent most of the night in his room. Is he admitting he doesn't know if the accuser was raped? According to the DA the three boys interviewed told police there was no sex. Did Matt say that? His attorney, Kerry Sutton is crowing "Nothing Happened." What could her client know about that?
    Another defense attorney, Kerry Sutton, said that numerous e-mails written in the hours after the woman said she was attacked support the players' claims that nothing happened that night.


    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#10)
    by scribe on Fri Apr 21, 2006 at 12:08:02 PM EST
    Gawker reports this dancer's (ahem) "seeking representation" from public relations firms. If she wanted to preserve her credibility, she should have done that before piping up.

    Gawker reports this dancer's (ahem) "seeking representation" from public relations firms. If she wanted to preserve her credibility, she should have done that before piping up.
    In fact, she did. here. Fun quotes:
    Roberts, 31, was arrested on March 22 eight days after the party on a probation violation from a 2001 conviction for embezzling $25,000 from a photofinishing company in Durham where she was a payroll specialist, according to documents obtained by the AP. On Monday, the same day a grand jury indicted lacrosse players Reade Seligmann and Collin Finnerty, a judge agreed to a change so that Roberts would no longer have to pay a 15 percent fee to a bonding agent. District Attorney Mike Nifong signed a document saying he would not oppose the change.
    Also Thursday, 5W Public Relations, a New York firm that specializes in "crisis communication," distributed an e-mail signed "The 2nd Dancer," and Roberts confirmed she sent it after learning the AP knew her identity. "I've found myself in the center of one of the biggest stories in the country," she wrote. "I'm worried about letting this opportunity pass me by without making the best of it and was wondering if you had any advice as to how to spin this to my advantage."
    Put a fork in her, she's done.

    Oh God! I left off my favorite:
    Roberts, like the accuser a divorced single mother who is black, took umbrage at the notion that she should not try to make something out of her experience. She's worried that once her name and criminal record are public, no one will want to hire her. "Why shouldn't I profit from it?" she asked. "I didn't ask to be in this position ... I would like to feed my daughter."


    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#13)
    by Peaches on Fri Apr 21, 2006 at 12:17:31 PM EST
    Put a fork in her, she's done.
    You sure you don't want to skin her first.

    Interesting tidbit TL, from your link:
    This is the 2nd dancer at Duke who reached out to 5W Public Relations.


    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#15)
    by Jlvngstn on Fri Apr 21, 2006 at 12:21:31 PM EST
    sounds like both sides have some unsavory backgrounds. I wish Rodney King were here to tell them all to just get along......

    I think he meant second dancer to differentiate her from the accuser, not the second dancer to contact the agency. But I'm not sure on that.

    Good point, thanks TL.

    You sure you don't want to skin her first.
    HA! That was good, Peaches.

    Peaches - No one needs to; she skinned herself.

    Even if we wanted to extend the timeline back to 11:30 nothing still fits, the accusers testimony and photographs pretty much demolishes a rape occured during that time, or after... "The accuser told police that the women were coaxed back into the house with an apology, at which point they were separated. That's when she said she was dragged into a bathroom and raped, beaten and choked for a half hour." I cnat fit this anywhere in the now 1 hr 25 minute timeline.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#21)
    by Peaches on Fri Apr 21, 2006 at 12:39:08 PM EST
    Peaches - No one needs to; she skinned herself.
    Ahh, Too bad. You and Ryan could have had a good time together. Still can, really.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#22)
    by squeaky on Fri Apr 21, 2006 at 12:39:40 PM EST
    It seems the second dancer is reaching out to pr firms like 5W Public Relations to "spin this to her advantage."
    Sounds like she has some smarts. Usually someone in her case gets chewed up and spit out while the MSM cash register goes ding ding ding.

    Chase posted:
    "that she (Ms. Roberts) may be changing her story due to preferential treatment by the." DA
    Well there can be no doubt of this - she certainly is.
    Chase, Her opinion that the accuser was raped has changed, but what facts in her story have changed?

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#24)
    by Peaches on Fri Apr 21, 2006 at 12:44:04 PM EST
    Usually someone in her case gets chewed up and spit out while the MSM cash register goes ding ding ding.
    Sqeak, But she's a stripper. Plus, she's black. The same rules don't apply to strippers as the suits and managers in corps such as MSM. The profit motive is only morale if it is used to exploit black women and children not to benefit them. Ask Chase, he understands.

    TL, I left a question on your linked blogspot regarding the confusion over the term "2nd dancer." Comments there need to be approved, yadda yadda, and who knows if he'll respond...

    IMHO: Her changed opinion, especially in the media, bolsters the PR case of the DA. To prove this, imagine the opposite. If she was out in the media saying, "I was in the house. I don't think she got raped. She didn't act that way, didn't mention it, etc. I don't know for sure, but I doubt it." The DAs task would be more difficult, more complicated. In exchange for her "taking the prosecution's side" she is receiving favorable treatment.

    oops sorry TL, trying to learn how to post a link

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#29)
    by Peaches on Fri Apr 21, 2006 at 12:48:31 PM EST
    SUPA, THey forgot to tell you. Links to fox news won't work here.

    Peaches: I don't oppose her seeing PR representation per se. I think her motive is a joke. "To spin this positive". She doesn't even hide the money motive. Come on. This is not admirable. Automatically jumping to her defense just because she's a black woman doesn't make you compassionate or progressive.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#31)
    by Jlvngstn on Fri Apr 21, 2006 at 12:50:39 PM EST
    Peaches, there have been several cases over the past year of strippers with black athletes in a similar situation, do you recall any coverage of those cases? In two of the cases, the men videotaped the consensual sex and were uncharged. I guess an argument can be made that since the charges were proven false early on, there was no need to inundate us with coverage. That said, why weren't the MSM all over those?

    supa, preview, man, preview!
    SUPA THey forgot to tell you. Links to fox news won't work here.
    Peaches, now that was funny!

    Posted by Jlvngstn April 21, 2006 01:21 PM sounds like both sides have some unsavory backgrounds. I wish Rodney King were here to tell them all to just get along......
    Yeah- Rodney would know what to do. Hey, how's Rodney doing these days? I presume that he has stayed out of trouble now that he doesn't have to worry about money anymore, right? He was always a complete scumball and he still is. Don't hold him up as some kind of peacemaker.

    I guess I am in trouble now...

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#35)
    by Peaches on Fri Apr 21, 2006 at 01:02:55 PM EST
    her motive is a joke.
    Yeah, I remember, it was your favorite.
    "Why shouldn't I profit from it?" she asked. "I didn't ask to be in this position ... I would like to feed my daughter."
    Your right, that is not admirable. How dare her.
    Automatically jumping to her defense just because she's a black woman doesn't make you compassionate or progressive.
    As IMHO states. Her opinion may have changed but the facts in her story have yet to be shown wrong. What I have not automatically done is conclude that she is done or cooked, because she wanted to be represented so she could make some cash. Her testimony on what happened that night is still important to the prosecustions case and the jhury will judge if she is credible. Obviously, the defense will spin it in a way that coheres with your view. But, the case is far from over and the DA and the strippers are far from being toast. The ones that are jumping to conclusions, such as yourself, are revealing your biases. And if I had as wildly speculative of a mind as you and SUPA--I'd specualte that you are a racist and he is a rapist. Luckily, I withhold my specualtions or announce when I am speculating before making a declaration of fact, guilt or innocence.

    Luckily, I withhold my specualtions or announce when I am speculating
    You mean like this, Peaches?
    One thing she must think they are lying about is the claim that the two strippers locked themselves in the bathroom and the players were sliding bills under the door trying to get them to come out.


    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#38)
    by Peaches on Fri Apr 21, 2006 at 01:10:21 PM EST
    I don't get it Sarc. I think it is pretty clear I am speculating from the quote she provided. Go back and read my post. You've never been a good reader, but I am glad you can acknowledge a good joke when you see one.

    One thing she must think they are lying about is
    Lol.

    I want to ask Kim two questions: (1) 610 Buchanan is a small house. I wouldn't say it is bigger than 1400 square feet. Where could she be and what was she doing in the house but not hearing or noticing anything wrong when the alleged rape and struggle took place? (2) Kim said in her interview that she looked at Finnerty right into his eyes and remembered him as "the little skinny one." Just curious what she meant by that. Finnerty looks like a giant to me, even though his face appears smaller than Seligmann's in the mugshot. I think Nifong engineered this news-making in response to the report on Seligmann's alibi. Now Kim could testify that Finnerty was there. It would be interesting to see what will happen if Finnerty could come up with an alibi.

    Here is the quote:
    "I was not in the bathroom when it happened, so I can't say a rape occurred _ and I never will,"


    "We believe ... her story has been motivated by her own self-interest," said attorney Bill Thomas, who represents one of the uncharged players. "I think that a jury will ultimately have to decide the question of her credibility."
    I do have to say, from what I've read the second dancer is an order of magnitude more credible than Bill Thomas is.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#43)
    by Peaches on Fri Apr 21, 2006 at 01:17:42 PM EST
    I am guessing she is implying that the two were never in the bathroom together.
    Still don't get it. I was trying to answer your question. Maybe I didn't do a good job of it. I admit, I type faster than I think sometimes and sometimes it comes out a little screwy. Read, carefully, though. Perhaps I should have used the word might instead of must. But, I though her quote implied that this story of them both in the bathroom was a fabrication. And I acknowledged I was guessing. Still have a problem with that. And what are you laughing about?

    Another quote also from the same interview--
    "If the boys are innocent, sorry fellas," she said. "Sorry you had to go through this."

    Well, Peaches, I'm glad you recognize the difference between "must" and "might" especially in reference to your 2:02 post.

    posted by mmyy:
    (1) 610 Buchanan is a small house. I wouldn't say it is bigger than 1400 square feet. Where could she be and what was she doing in the house but not hearing or noticing anything wrong when the alleged rape and struggle took place?
    She may have gone back to her car. She says she could have left at anytime but didn't want to leave the accuser with them. posted by mmyy:
    (2) Kim said in her interview that she looked at Finnerty right into his eyes and remembered him as "the little skinny one." Just curious what she meant by that. Finnerty looks like a giant to me, even though his face appears smaller than Seligmann's in the mugshot.
    He's listed as 6'3" 175 lbs. She didn't say she was "eye to eye" with him, just that she looked into his eyes. If I were the more fanciful type I might imagine he said something to her that caused her to look right at him. He is the one that was arrested for assault after calling his victim "gay" and also derogatory names. posted by mmyy:
    I think Nifong engineered this news-making in response to the report on Seligmann's alibi. Now Kim could testify that Finnerty was there. It would be interesting to see what will happen if Finnerty could come up with an alibi.
    I think the defense spin motivated Kim to tell her story. Finnerty hasn't shown much in the way of an alibi yet.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#47)
    by kdog on Fri Apr 21, 2006 at 01:32:32 PM EST
    Finnerty looks like a giant
    I got the total opposite impression from the photos. I didn't know they made lacrosse players that small. Maybe Finnerty has a Napoleon complex, judging by his prior violent incident in DC.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#48)
    by Peaches on Fri Apr 21, 2006 at 01:32:59 PM EST
    SUO, I am disappointed you can't interpret the tone of the post. The must wasn't relative to my answer. I fully admitted I was guessing. Will you admit that your attempt at pointing out an inconsistency in my argument was a failure in this case. Although, I am sure you will have ample opportunity to find some in the future, you example above was not very good. But, it did detract from my criticism of Chase and if that was your intention, props out to you and your boy.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#49)
    by cpinva on Fri Apr 21, 2006 at 01:36:05 PM EST
    hmmmm, last time i checked, and i'm sure the real and tv lawyers will correct me, speculation isn't admissable in court. which is what most of ms. roberts' comments, vis a vie the alledged rape, are. she admittedly saw nothing, and wasn't in the bathroom, when the alleged acts allegedly occured. how any of this is helpful to the prosecution is a mystery to me. with regards to the alleged racial slurs: reprehensible, were they made, to anyone. that said, racial slurs don't qualify as rape. as regards ms. roberts engaging a PR firm, so what? if she wants help with the media, and would like to try and profit from her friend's bad situation, she should go for it, it's the american way! don't be foolish, and attempt to equate morals and the profit motive.

    btw, TL, as the dancer signed her email to 5W as "The 2nd Dancer" I believe your interpretation is correct.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#51)
    by chew2 on Fri Apr 21, 2006 at 01:38:34 PM EST
    Come on. This is not admirable. Automatically jumping to her defense just because she's a black woman doesn't make you compassionate or progressive.
    Ah the resentments of conservative white men bubble up again. Let us defend our own from those undeserving black folks and fallen woman.

    De-lurking here. I think the reason the "skinny little one" comment is suspect is because Finnerty seems to have a frail, Opie-like look in photos, but he's actually 6'3" and 195 pounds -- not skinny or little. This suggests to me that Ms. Roberts may be describing him based on photos rather than remembering him specifically from an in-person meeting. If it's true that he wasn't present, he ought to have alibi witnesses, who may or may not be credible, just as Ms. Roberts motives for money, fame, and lenient treatment affect her credibility.

    I got the total opposite impression from the photos. I didn't know they made lacrosse players that small. Maybe Finnerty has a Napoleon complex, judging by his prior violent incident in DC.
    Roster lists him as 6'3", 175lbs. No physical Napoleon here.

    Can we say "Scottsboro Boys"?? Except this time around the "Boys" are white.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#55)
    by kdog on Fri Apr 21, 2006 at 01:51:46 PM EST
    Wow Chase...I'm shocked. The kid looks 15. But if they list lacrosse weights/heights like football does, he may well actually be 5'11 160 lbs. I mean...Jeff Garcia of the Lions ain't 6'1" if you know what I mean.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#56)
    by chew2 on Fri Apr 21, 2006 at 01:53:13 PM EST
    Is the second dancer's fear about the shame and stigma from the revelation of her escorting reasonable, and if so what can she do? From the email: "I am determined not to let any negative publicity about my life overtake me. I'm so confused as to who to talk to for relevant advice and I hope that you can return my e-mail." Telling a lie to hide the fact that you are an escort is understandable, and wouldn't necessarily undercut her credibility. Just like the lacrosse team captain telling a lie to the escort agency to hide his identity may also have been understandable. On the other hand, the prior larceny charge really does strike at her honesty, even though it was 5 years ago.

    kdog: You're absolutely right. There probably in some inflation there. But I don't know, he still sounds pretty damn big, even if he does look eerily pre-pubescent.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#58)
    by Peaches on Fri Apr 21, 2006 at 02:14:23 PM EST
    Jonathon,
    Peaches, there have been several cases over the past year of strippers with black athletes in a similar situation, do you recall any coverage of those cases?
    Not at all. I am sure there were, but I haven't always been up up-to-date on current pop culture or events.
    That said, why weren't the MSM all over those?
    I don't know. I am sure you have a point you are trying to make, Jon, Why don't you just come out and make it. I'm a pretty smart guy, but I might not be as smart as you. What is it you are implying?

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#59)
    by Teresa on Fri Apr 21, 2006 at 02:28:39 PM EST
    As a huge sports fan, I have read about many cases such as this. The details in this one are a little more brutal (whether true or not) and the entire team was there. That is different than when a couple of players from a team were accused of rape. What if the whole football team of any school was present when an accusation of rape was made? It would be all over the news. Race has nothing to do with the national attention this is receiving. It's the number of guys involved in the story-nearly the whole team was there.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#60)
    by Jlvngstn on Fri Apr 21, 2006 at 02:28:52 PM EST
    Peaches, there is no hidden message here and you know darn well I would never question your intellect. I have no idea why some cases are picked up by the media and others are not. The 2 cases i refer to involved black athletes and in one case a white escort. It would seem to me that if there was an attempt at a media lynching those cases would be perfect. Again, I like ya peaches, just feel like the race factor is playing a larger role here than it should.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#62)
    by kdog on Fri Apr 21, 2006 at 03:00:10 PM EST
    just feel like the race factor is playing a larger role here than it should
    I agree it is jlv, but it was inevitable. I just hope justice, for the accuser and the accused, can fight its way through the circus. The reason it becomes all about race, sex work, college drinking, elitism and the like is because that's what sells papers and boosts ratings. We soak it up like a sponge. Heck, why shouldn't all the lives irreperably harmed, be it the accuser if true or the accused if false, be able to cash in with Fox, Disney, and Viacom? It's their lives that keep us entertained. I'm only half-arsed following the case, and feel somewhat guilty for doing so.

    Teresa posted:
    Race has nothing to do with the national attention this is receiving. It's the number of guys involved in the story-nearly the whole team was there.
    I think what grabbed the media attention was the "Blue Wall" angle. Nifong may not have used the attention grabbing DNA swabbing of the whole team if he had more than just the initial cooperation of the three captains. The defense's stonewalling strategy really hurt the innocent team members. And if all of them are innocent it hurt all of the team members. Guilty or not, Seligmann may not have been indicted if he had brought his alibi information to the police early on.

    Talk about spinmeistering. The other day CNN was repeatedly showing an interview with a[n alleged] Duke student, who (though she had no real evidence) argued forcefully that the guys COULDN'T have committed this "terrible crime." She was obviously chosen for this task and offered up to the media by (my guess) the lawyers for the University. She was beautiful, she was incredibly articulate, and she seemed well-trained for the task. From her demeanor and delivery, I could have sworn she might have been a Young Republican -- or at least an A+ student in their Communications Dept. I don't think she needed another year in school to be a credible candidate to replace Scott McClellan. The point being: BOTH sides spin. Today, spinmeistering is a precision science. You got the bucks, you hire somebody to spin for you. You don't have the bucks? Sell your story. I am SO not impressed if this dancer was looking for professional assistance. And I tghink this blog could do better than being a laboratory to test strategies and arguments for the Duke defense.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#65)
    by squeaky on Fri Apr 21, 2006 at 03:17:41 PM EST
    Peaches-
    But she's a stripper. Plus, she's black.
    Exactly my point. If she is ambitious and talented perhaps she can get better work. Chase-
    She doesn't even hide the money motive.
    Why should she? The MSM certainly doesn't. Or have they convinced you that broadcasting the 'news' is a public service?
    Come on. This is not admirable. Automatically jumping to her defense just because she's a black woman doesn't make you compassionate or progressive.
    To tell you the truth I did not know that she was a black woman. I did assume that she was poor though. That may not be correct either. I have known some women who 'danced' their way through college, extra services included, because it paid a lot more than waiting tables. They were not poor but made a sound business decision to maximize their cash flow. I have no problem with sex workers and do not think that it is in any way improper employment. What sucks is that because it is not regulated many workers are exploited.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#66)
    by Teresa on Fri Apr 21, 2006 at 03:22:57 PM EST
    You said it better than I did imho. But what is a "blue wall". Is there some honor code of secrecy like the Masons or something?

    Chew2 wrote:
    Telling a lie to hide the fact that you are an escort is understandable, and wouldn't necessarily undercut her credibility. Just like the lacrosse team captain telling a lie to the escort agency to hide his identity may also have been understandable.
    Seems that no one likes to admit an association with the escort business. Gee, I wonder why? IMHO wrote:
    I think what grabbed the media attention was the "Blue Wall" angle
    I sort of agree with you, but think the "blue wall" is a secondary issue to the media's interest. The main interest was twofold: the novelty of a whole team being DNA tested and a monster black-eye for Duke. Duke has been the pride of college athletics for years (until Elton Brand, they were the only successful basketball program that had a 100% graduation rate). Historically they have been held out as the model of the successful mix of academics and athletics (some would say this is why their football team sucks). The goody goody of the college athletics. No scandles, no nothing. They have been untarnished forever. At some point, our society loves to see someone who has been extremely successful fail, all the while relishing in the failure. Along comes a Duke falling. Not only a fall from grace, but a socially charged one at that (white v. black). The blue wall was Nifong created and the media was an accomplice. The media thinks they are entitled to all information so anyone refusing to speak is a natural enemy of the media. Ironically, silence often perpetuates the news cycle.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#68)
    by scribe on Fri Apr 21, 2006 at 03:36:10 PM EST
    Dear inmyhumbleopinion: There's something lawyers learn early on in their careers, and something more people should pay attention to. Basic principle: (1) this is an adversary system of justice. (2) You are under no obligation to educate your adversary. Make him commit himself to his theory of the case without your helping him refine it. (2)(a) It's better to not lie to your adversary. Cops and prosecutors can lie and get away with it, civilians can't. (2) (b) If you don't want to cooperate, then shut up. I don't care about all the lectures you've heard, pounded into everyone's head starting in kindergarden and in the movies and all that, the unifying theme of which is "the policeman is your friend". Get it straight: He isn't. (3) Cops and prosecutors don't get promoted or elected for finding innocent people, only guilty ones. The policeman's job is to catch criminals. If he doesn't catch criminals, he's not doing his job. If he's not doing his job, he'll get yelled at by his boss or, even worse, get fired from a government job with really really good benefits and retirement after 20 or 25 years. So, if he's not finding criminals, he goes out looking for some. If you're dumb enough to talk to him then, you could easily talk your way into prison. (4) The overriding principle of the criminal justice system is that the system must be fed a continuous supply of new convicts. Because everyone leaves prison sometime and, without a constant flow of new convicts, the jails would be empty and all those government employees would have nothing to do. (5) The system does not require that the defendant actually be the person who did whatever crime. In so many words, the system does not require that the defendant be the right person or even that a crime be committed, just that he has to be found guilty. And if you think otherwise, ask Richard Jewell, the guy in Georgia who almost cooperated his way into federal prison for the Olympic bombing 10 years ago. The FBI almost talked him into making a tape of the same words on the 911 call warning of the bomb. He would have been Mr. Helpful Cooperator, dutifully having swallowed the meme of "police is your friend" and lived it, waking up every day in Marion or Florence convicted through his own cooperation of something he had no connection with, while Eric Rudolph roamed the South, free as a bird. Or, as some say, "there's Truth and there's judicial truth. They rarely are the same thing." "Truth" is what really happened. "Judicial truth" is what gets proven in court. So, getting back to the Duke case, these young men were smart enough to (a) get into Duke and (b) know that cooperating with a county prosecutor up for re-election and his cops had nothing good to offer those young men. In other words, they knew enough to know the cops were their adversaries and there's no benefit in educating your adversary. Anything those young men had to say would have only helped the prosecutor and cops refine their theory of the case and made the young men's convictions more likely, not less. Nothing like the presence of a stripper to have rationality fly out the window.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#69)
    by squeaky on Fri Apr 21, 2006 at 03:39:55 PM EST
    Teresa-I think the blue wall (of silence) refers to the color of most police uniforms and the wall of silence that happens when one of their own get into trouble.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#70)
    by Teresa on Fri Apr 21, 2006 at 03:42:08 PM EST
    Thanks Squeaky.

    She was beautiful, she was incredibly articulate, and she seemed well-trained for the task.
    Libby, funny you should mention this. I saw the editor of the Duke school newspaper interviewed a few weeks ago and I was singularly impressed by her. She was one of the most articulate people I've ever seen - more so than her interviewer even (CNN, maybe? I can't remember) - and I can't imagine she's more than 21 or 22 years old and this was probably her first time being interviewed on national TV. Sharp, on-point, informative, personable. The whole package. She impressed me more than any of the other players in this drama, including Nifong and all the lawyers. Duke's admission standards are pretty high, maybe there are a lot of sharp, articulate, intelligent people there?

    Libby wrote:
    She was obviously chosen for this task and offered up to the media by (my guess) the lawyers for the University
    Gee, I guess Duke and the DA offered up all the black female Duke students and feminist Duke students much in the same way for the last four weeks. Don't be so naive. The media determines the angle it wants for a story and includes interviews that support it. For each person interviewed, there are 10 that they did not like for some reason, including their opinion. No different than radio host screening callers. What has happened is the media has changed its mind on the angle they are taking with the story. There is no offering of interviewees by anyone.

    Doesn't anyone see the irony of the 2nd stripper going to a publicist to see how she can profit off of an alleged stripper's rape? Kinda tells ya that these strippers will do ANYTHING for a dollar, including filing a false sexual assault claim.

    Sarcastic wrote:
    She impressed me more than any of the other players in this drama, including Nifong and all the lawyers.
    and more than all the commentators on the tv shows!!! She is truly impressive.

    cpinva posted:
    hmmmm, last time i checked, and i'm sure the real and tv lawyers will correct me, speculation isn't admissable in court. which is what most of ms. roberts' comments, vis a vie the alledged rape, are. she admittedly saw nothing, and wasn't in the bathroom, when the alleged acts allegedly occured.
    how any of this is helpful to the prosecution is a mystery to me.
    Ms. Roberts can testify what time she got there, when the accuser got there, what time they left and, most importantly, when the accuser was not in her sight. She has identified Finnerty as having been at the party when she was there (something that at one point was in dispute). She has corroborated the accuser's broomstick story. She can testify that the accuser was sober when she got there, had a drink at the party, and that her condition declined rapidly. She can testify to the anger and hostility directed at the dancers including the racial slurs. She may have heard what the cab driver heard, "she's just a stripper." In the video on this page she claims she may be the only sober person at the party. She's intelligent and articulate. I think she is going to make a very good witness.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#76)
    by cpinva on Fri Apr 21, 2006 at 04:24:47 PM EST
    inmyhumbleopinion: very nice, but useless, especially since her timeline has already been contradicted by the cabbie. a cabbie who has contemporaneous, written records to support his story. as well, so what about the broomstick and racial slurs? again, not criminal acts. she can claim all she wants, absent tangible evidence, that's all it is. i'll put money that ms. roberts never sees a witness chair, she'd be low hanging fruit for the defense, on cross.

    Scribe, You wrote:
    Basic principle: (1) this is an adversary system of justice.
    When I think of principles, I think of the principles of the people who created the system of laws, not the opportunists whose main interest is to work them. Duke Lacrosse shirts are selling like hotcakes now because they are symbols. They aren't symbols of "principled" behavior. They're symbols of dishonesty, cowardice, decadence, and gutter ethics. Did the stripper get the coach fired? Did the stripper get Ryan McFadyen suspended? Did the stripper get the season canceled? No one in their right mind compares these 47 students to Sacco or Venzetti. The students who had nothing to do with this yet do not come forward are violating that dancer's right to a fair trial, That's true whether she is lying or not. That's true whether they are innocent or not. The fact that they have a "right" to obstruct justice impresses no one, and brings their college only disgrace. "Just a stripper" one of the boys is said to have uttered to the cab driver. Well, they're all "just Duke lacrosse players" now. The pride of North Carolina.

    The students who had nothing to do with this yet do not come forward are violating that dancer's right to a fair trial,
    Won't the students be coming forth at the trial, either at the prosecution or defense's behest? How is that obstructing justice?

    scribe - most excellent. i wish i had learned it earlier in life. squeaky - also true.

    The other day CNN was repeatedly showing an interview with a[n alleged] Duke student, who (though she had no real evidence) argued forcefully that the guys COULDN'T have committed this "terrible crime." She was obviously chosen for this task and offered up to the media by (my guess) the lawyers for the University. She was beautiful, she was incredibly articulate, and she seemed well-trained for the task. Duke is a pretty good school. Most of the students are articluate and intelligent. From the reports of the media who are on campus, the stipper apparently fingered the two guys on the team least likely to have committed the crime. Even the people who think the Lacrosse team are complete jerks say these two are stand up guys. I saw an girl interviewed about Speiglemann the other day too. She was a pretty, articulate, young Indian girl. She wasn't a University shill. She was the best friend of Spieglemann's girlfriend and she said he's one of the nicest guys she knows on the Duke campus. Did the stripper get the coach fired? Did the stripper get Ryan McFadyen suspended? Did the stripper get the season canceled? Unless I'm missing something here, yeah, she did. Her false allegation of rape is the what is responsible for all those things happening. Without it the coach is still coaching, McFayden is still at school (and really, for an elite University to suspend a kid over something that was obviously a Bret Easton Ellis spoof is almost beyond belief), and Duke is readying itself for the playoffs. So yeah, her and the district attorney are pretty much responsible for all that. And maybe Duke Lacrosse shirts are selling so well right now because Americans have a visceral reaction to injustice when they see it and tend to show support for people who are being shafted by the government.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#81)
    by Teresa on Fri Apr 21, 2006 at 04:46:15 PM EST
    Speaking of the well spoken girls on TV last night discussing the two boys..I was offended that they said the boys wanted them out of there because they were afraid that their pimp would show up. I couldn't believe they said that. I also found it amusing that the two chosen to speak to Colin's and Reade's character were both dark skinned. Someone besides Kim knows how to spin.

    cpinva wrote:
    i'll put money that ms. roberts never sees a witness chair, she'd be low hanging fruit for the defense, on cross.
    I think she'll testify, but her testimony won't be nearly as important as the testimony of 1) the alibi witnesses for the defense and 2) the many lacrosse players who will be called in to confirm aspects of the dancer's story. Roberts is pretty boring next to 44 lacrosse players taking the fifth one after another in succession. I would probably save the newspaper that day.

    Scribe, that was an excellent post. PB,
    When I think of principles, I think of the principles of the people who created the system of laws, not the opportunists whose main interest is to work them.
    Prosecutors and police officers can be the very opportunists you are describing. That was the point of scribe's post. You are annoyingly incredulous of this fact.

    cpinva posted:
    very nice, but useless, especially since her timeline has already been contradicted by the cabbie. a cabbie who has contemporaneous, written records to support his story.
    The cabbie's time of 1:07 am is contradicted by the police. They left the scene at 1:06 . They had been there for 11 minutes and saw no one at the house. They also have records.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#85)
    by Scrutinizer on Fri Apr 21, 2006 at 05:01:44 PM EST
    PB-
    The students who had nothing to do with this yet do not come forward are violating that dancer's right to a fair trial,
    Unless I'm very confused, PB, it's the Duke students that are on trial. Scribe's right. It's rarely a good idea to "help" the cops and prosecutors. They aren't looking for the truth, they're looking for a conviction, and sometimes in a high-profile case, anyone who can be fitted up for the crime is at risk. And given that we have a system in which innocence is apparently not enough to stop an execution (Cantu, anyone), the higher the stakes, the more reason to keep one's mouth shut.

    I think you don't understand what she means when she talks about the lies of the defense. The following explains: In an exclusive interview with NBC17, a second woman who also danced at the March 13 party refuted claims made in recent days by defense attorneys that the accuser was intoxicated and injured when she arrived at the party. Another certain lie is about racial slurs. Defense attorneys said that there was an argument between players and women but nothing racial has been said which was proven a lie by this witness and the neighbour.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#87)
    by Jlvngstn on Fri Apr 21, 2006 at 05:04:10 PM EST
    Peaches, have read both, I think my favorite is "Black Like Me" although that was my first book on the subject and am probably more partial to it. You really do not have to explain to me the permeation of racism nor the network coverage of specific dead blonde cases. However, it would seem to me that the story of a group of black basketball players raping a white stripper would be a really good sell. That said, they surrendered the video tape within a day of the accusations and that most likely quelled the dogs as opposed to any other angle. Black on black crime is always seriously under reported and black on white crime (murder) has a much higher death penalty rate. I understand it in the judicial system because it is usually 12 white jurors, what I don't understand is how the media can sleep at night selling these stories. What's more, and in my experience, I prefer those that will use the n word in public, at least I know where that person stands. Racism has transcended the name calling and lynching and has become far more damaging as it has creeped into closets, look at nearly every Fortune 500 board and most lack "qualified" diversity members. So this story to me reeks not of reverse racism or racism, but irresponsible journalism. Which of course leads back to the argument of protecting the identity of the accused to prevent the madness surrounding the issue. If we really wanted to address racism in this country we should start with every fortune 500 company and have investigative reporters ask every ceo why their executive teams lack diversity that is representative of society. Were that being done, people of color would feel there were some accountability and explanation of what they need to do crack the proverbial ceiling. But I digress.

    I also found it amusing that the two chosen to speak to Colin's and Reade's character were both dark skinned. Someone besides Kim knows how to spin. How condescending. The young Indian woman is the best friend of Spiegelmann's girlfreind. The cabbie's time of 1:07 am is contradicted by the police. They left the scene at 1:06 . They had been there for 11 minutes and saw no one at the house. They also have records. But that's not the time matters. The one that matters is the first pick up, and that has the player's phone log, Sprint Billing Record, ATM log, ATM video, and Duke dorm access records to back it up. The cabi's log is just icing on the cake.

    (1) this is an adversary system of justice. In this case, I would assume most, if not all, of the players are mere witnesses in the adversarial system. Why not help the police convict the rapists or the false reporter? (2) You are under no obligation to educate your adversary. Some might think there are moral obligations to consider, but even putting those aside, I think it would have benefitted everyone to tell the police what they know. Even the rapists, if there are any in this case, could have a "feel good moment" before being sentenced to prison where they belong. (3) Cops and prosecutors don't get promoted or elected for finding innocent people, only guilty ones. The prosecutors I know don't have to go begging for work. They have plenty of cases to be prosecuted without having to railroad innocent citizens to fill their dockets. The cops also have no shortage of prosecutable clientele without reaching into the bowels of society to arrest innocent people. 4. The overriding principle of the criminal justice system is that the system must be fed a continuous supply of new convicts. Ah, a familiar campaign slogan - I will convict enough innocent citizens to ensure we have prison shortages! (5) The system does not require that the defendant actually be the person who did whatever crime. Well if it did, we could do away with trials. scribe posted:
    I don't care about all the lectures you've heard, pounded into everyone's head starting in kindergarden and in the movies and all that, the unifying theme of which is "the policeman is your friend". Get it straight: He isn't.
    That's "old school" - kids I know grow up hearing this lecture: Don't say a word to the cops - call Mom and Dad - if we're both in court, consult with one of our partners. scribe posted
    So, getting back to the Duke case, these young men were smart enough to (a) get into Duke and (b) know that cooperating with a county prosecutor up for re-election and his cops had nothing good to offer those young men. In other words, they knew enough to know the cops were their adversaries and there's no benefit in educating your adversary.
    These young men thought no such thing. The first three players that were asked, agreed to written and taped interviews, were photographed and gave DNA samples. The rest of the players were scheduled to give statements to the police until .... the defense attorneys stepped in to save the day!, save their season...oops!, save their coach ...oops!, save the Duke lacrosse program...oops!, save young men with alibis from being suspended and perp walked on national television..oops! save a pugilist from losing his diversionary program status and possibly facing trial for assault...oops! The parents of these players can't pay these attorneys enough! Where would they be without them? When all is said and done I think many of the players and their parents are going to ask themselves, "What the f*ck were we thinking listening to these a**holes?"

    bogan444 posted:
    But that's not the time matters. The one that matters is the first pick up, and that has the player's phone log, Sprint Billing Record, ATM log, ATM video, and Duke dorm access records to back it up. The cabi's log is just icing on the cake.
    We are not talking about Seligmanns trip, we are talking about the timing of the second pick up that night. cpinva was using the cabbie's time to challenge Ms. Robert's credibilty. For his 1:07 time to be correct the police would have to be wrong.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#91)
    by Teresa on Fri Apr 21, 2006 at 05:58:20 PM EST
    How condescending. The young Indian woman is the best friend of Spiegelmann's girlfreind.
    Yes, and Collin's character witness was also a minority. I found it condescending that they spoke of these girl's pimps. Listen, I think these boy's are innocent too, but the big PR hand of Mr. Bennett was all over those interviews. I was waiting for Collin's gay friend to show up to counteract the rest of if.

    Scrutinizer wrote:
    Unless I'm very confused, PB, it's the Duke students that are on trial.
    Well. there are two Duke students on trial. Are those the ones you mean? Macromania wrote:
    Prosecutors and police officers can be the very opportunists you are describing. That was the point of scribe's post. You are annoyingly incredulous of this fact.
    When have I ever denied the existence of corrupt police? My argument has only been that the accuser has a right to a fair trial, and that it is a witnesses duty to come forward in defense of that. The idea that we should all have a general policy of being paranoid of police, and that this paranoia trumps any duty we have to serve as faithful witnesses when a crime has been reported I regard as "gutter ethics." That's all. It's a sScrutinizer wrote:
    Unless I'm very confused, PB, it's the Duke students that are on trial.
    Well. there are two Duke students on trial. Are those the ones you mean? Macromania wrote:
    Prosecutors and police officers can be the very opportunists you are describing. That was the point of scribe's post. You are annoyingly incredulous of this fact.
    When have I ever denied the existence of corrupt police? My argument has only been that the accuser has a right to a fair trial, and that it is a witnesses duty to come forward in defense of that. The idea that we should all have a general policy of being paranoid of police, and that this paranoia trumps any duty we have to serve as faithful witnesses when a crime has been reported I regard as "gutter ethics." That's all. It's a simple point. If the police are corrupt, bring your evidence to the FBI. Or better yet, the press. Present it all to the press. They like the truth. Bogan444, You wrote:
    Her false allegation of rape is the what is responsible for all those things happening. Without it the coach is still coaching, McFayden is still at school (and really, for an elite University to suspend a kid over something that was obviously a Bret Easton Ellis spoof is almost beyond belief), and Duke is readying itself for the playoffs.
    So the strippers, the booze, and the racial slurs aren't a problem for the Duke Administration? It's false allegations they can't abide?

    Theresa posted:
    I was waiting for Collin's gay friend to show up to counteract the rest of if.
    haha!

    The prosecutors I know don't have to go begging for work. They have plenty of cases to be prosecuted without having to railroad innocent citizens to fill their dockets. The cops also have no shortage of prosecutable clientele without reaching into the bowels of society to arrest innocent people.
    You have a point except for the fact that this is a very high profile case. Very high profile cases that attract this much media attention tend to have people, on both sides of the coin, willing to pursue the extremes.
    The idea that we should all have a general policy of being paranoid of police, and that this paranoia trumps any duty we have to serve as faithful witnesses when a crime has been reported I regard as "gutter ethics." That's all.
    PB, You are confusing ethics with law and the way the judicial system operates. Your "gutter ethics" is your subjective point of view and not the way things actually operate. To put a fine point on what scribe is trying to convey, you have to fight fire with fire.

    Let's not be naive. The girls picked to speak to the boys character were picked for a reason. They have lots of friends, they chose these ones. They chose women, they chose people of color. How condescending. The young Indian woman is the best friend of Spiegelmann's girlfreind. Why didn't they have his girlfriend speak? I am sure she knows him better. Get real. the stipper apparently fingered the two guys on the team least likely to have committed the crime What, the guy who gay bashes is jut the nicest guy you ever hope to meet? I would say that finding a few people to say you are a nice guy does not make you a nice guy. In my experience, the girlfriends of frat guy types are totally clueless about what the guys are really like when they are all together. I remember when my husband and I were freshman, and his dorm roommate was pledging a frat and I got to watch how he acted when the girls were over - sweet, polite, considerate, charming - and how they talked when it was just the boys - misogynistic, cruel, demeaning. It would drive me crazy. I frequently contemplated telling the girls how they really were, but decided it was none of my business. Anyway, no matter how awful, can find a character witness. I am not impressed.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#96)
    by chew2 on Fri Apr 21, 2006 at 06:29:54 PM EST
    Re: the police are out to get you meme. Who would the police be out to get in this specific case? A black stripper or some respected white preppy college kids? In the Rudolf case there was a known crime, a bomging. If I remember the case you are speaking about. In this case, the question was there even a crime committed. Why would the police be out to get the college kids? Why would the DA believe the word of a "drunk black stripper" over that of some respected upper class white college boys who claimed that no crime had been committed? If those boys were completely innocent they should have spoken to the police instead of the wall of silence.

    So the strippers, the booze, and the racial slurs aren't a problem for the Duke Administration? I don't know. Last time I checked Duke was a modern, liberal college with progressive views on things like sex and driking. Not Bob Jones or BYU. If students want to hire strippers that would seem to be their business, not the administrations. Having a stripper party, by the way, is pretty much a rite of passage of all sports teams, sororoties, and fraternities. Drinking? Give me a break. As to the racial slurs, its my understanding that there were no racial slurs until the shouting match and altercation broke out. So while they may have been racial comments, there is no indication that there was any racist sentiment behind them.

    You have a point except for the fact that this is a very high profile case.
    Later in the post scribe addresses the Duke lacrosse case specifically, but this is one of scribe's basic principles - cops and prosecutors are begging for easy convictions to improve their job performance evaluations. I would think convicting guily people is easier than comvicting innocent people, but what do I know? I would think it is the low profile cases where you would try to get away with shoving through a few wrongful convictions to pad your numbers. In a case like this, there's too much scrutiny.

    If those boys were completely innocent they should have spoken to the police instead of the wall of silence. They did talk to the police. This is one of the most common misconceptions out there. In the early hours they even offered to take polygrahps, which was rebuffed by the DA. They so called "wall of silence" only came about when the DA refused to believe their story and went on a national press tour calling the team a bunch of racist, violent, rapists. So their behavior was justified, and in the end, its a damn good thing they did it. The DA ended up indicting at least one (and possibly two) guys with air tight alibis. If everyone had talked how much do you want to bet the two people fingered would have been the two people who had ample opportunity and were the most pissed off and vocal about the whole money situation? By ceasing to cooperate with the DA the players gave the DA and the stripper just enough rope to hang themselves. I concede that it is rare to have situation where a prosecutor is so unethical and seemingly out of control, but in this particular situaion their behavior was more than warranted.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#100)
    by Teresa on Fri Apr 21, 2006 at 06:53:38 PM EST
    So while they may have been racial comments, there is no indication that there was any racist sentiment behind them.
    Oh come on. How many times have you yelled in anger "you can thank your grandfather for my cotton shirt". That's not a racial slur?

    cops and prosecutors are begging for easy convictions to improve their job performance evaluations.I would think convicting guily people is easier than comvicting innocent people, but what do I know?
    That is completely dependant on the facts and circumstances surrounding each individual case. Jury nullification can be a b!tch to overcome. This is especially relevant in a trial involving poor black women and privileged white college students.
    I would think it is the low profile cases where you would try to get away with shoving through a few wrongful convictions to pad your numbers. In a case like this, there's too much scrutiny.
    The District Attorney is an elected official. He is a politician. His name is now all over the news media. To suggest that he could not benefit from this politically is ludicrous. He wins this and all the cases he has argued in the past instantly become moot.

    They did talk to the police. This is one of the most common misconceptions out there. In the early hours they even offered to take polygrahps, which was rebuffed by the DA. They so called "wall of silence" only came about when the DA refused to believe their story and went on a national press tour calling the team a bunch of racist, violent, rapists.
    Three, 1 - 2 - 3, out of 47 players talked to the police. The rest of the players initially agreed to be interviewed. A meeting was scheduled. The meeting was cancelled by attorneys. That is when the "Blue Wall" went up. After they cancelled the meeting Nifong got a court order for them to submit to the DNA testing and photos. It was the unusual circumstances of this court ordered DNA submission that got the media attention. 47 teammates from a school with Duke's reputation of athlete scholars refusing to cooperate with a police investigation? That's news.

    chew2:
    Who would the police be out to get in this specific case? A black stripper or some respected white preppy college kids? ... In this case, the question (was) was there even a crime committed. Why would the police be out to get the college kids? Why would the DA believe the word of a "drunk black stripper" over that of some respected upper class white college boys who claimed that no crime had been committed?
    Don't you think that maybe the answer to all your questions depends on who elects the DA and who pays the salary of the police?

    What I meant was scribes basic principle to not talk because cops and prosecutors will manipulate you to drum up business for themselves doesn't apply in high profile cases. Nifong didn't manufacture this case. It landed in his lap.
    To suggest that he could not benefit from this politically is ludicrous.
    He could benefit from this politically - by prosecuting the case in a manner that will survive intense scrutiny. I think he has a fine line to walk here, he can't appear to be railroading the youngsters and he can't appear to be giving white Duke University students preferential treatment. If I was on this team and still had two years of eligibilty I would cooperate with the investigation, apologize for not doing so sooner and start shopping around for another college lacrosse team. I bet there are some coaches willing to take players that were no longer impeding the police investigation and had apologized for their bad judgment. People respect that.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#105)
    by chew2 on Fri Apr 21, 2006 at 07:40:39 PM EST
    They so called "wall of silence" only came about when the DA refused to believe their story and went on a national press tour calling the team a bunch of racist, violent, rapists.
    Wrong. The DA didn't go public until after the wall of silence.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#106)
    by chew2 on Fri Apr 21, 2006 at 07:46:38 PM EST
    Don't you think that maybe the answer to all your questions depends on who elects the DA and who pays the salary of the police?
    Nope. If he decided not to prosecute this case never would have made it to the press. There would have been no black outrage to "force" him to prosecute. Plus, only 44% of Durham is black and I'm guessing even less are registered voters. The cops made the initial decision that this was a credible rape case worth investigating. Do you really think they were pandering to the black community?

    Does anyone know when Nifong got involved in this case?

    Anyone notice that since the DA's case has imploded Nancy Grace has shut her hole? Nancy needs to find some objectivity. She cut her teeth on the Scott Peterson, but now she just comes off as shrill. I thought she lost all credibility on this case when she started criticizing the defendant's courtroom attire like Joan Rivers on the red carpet. I agree with TL, the accuser's identity should be made public at the same time as the accused. It would help prevent false accusations.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#109)
    by Teresa on Fri Apr 21, 2006 at 08:15:21 PM EST
    Poor Nancy, she all but had the Runaway Bride's boyfriend sitting on death row.

    Nope. If he decided not to prosecute this case never would have made it to the press.
    It made the press because of the decision to investigate further than the search warrant and interviewing the three captains.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#111)
    by chew2 on Fri Apr 21, 2006 at 08:29:16 PM EST
    It made the press because of the decision to investigate further than the search warrant and interviewing the three captain
    Perhaps I was imprecise in my language. Correct me if I'm wrong, 1st: Wall of silence by team members other than the 3. 2nd: DA goes public

    Three, 1 - 2 - 3, out of 47 players talked to the police. The rest of the players initially agreed to be interviewed. A meeting was scheduled. The meeting was cancelled by attorneys. The meeting was cancelled because the attorneys worried that any team meeting after the alleged rape will look like that the whole team coroborates the story. Also, frankly, Nifong and the police never know which ones to single out for interviews. Neither do they have enough evidence against certain players to be able to question them, particularly after they have all found legal representations. Nifong and the police could talk to anyone of the boys with their lawyers present if he wants. Why didn't he? I don't see that Nifong made any efforts to talk to the Duke players at all. He just said that they don't talk. In this situation of course one doesn't talk when one's lawyer is not present, and one is supposed only to talk in court when being called upon as a sworn witness. The players did talk. They talked to the school administration, and they talked to their parents many many times: "Nothing happened."

    not everyone who is skeptical of the accusing stripper is a conservative republican white male. get out of your box. there are some blacks who dont see the world in black and white.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#114)
    by Scrutinizer on Fri Apr 21, 2006 at 08:43:54 PM EST
    PB-
    My argument has only been that the accuser has a right to a fair trial, and that it is a witnesses duty to come forward in defense of that.
    You missed my point earlier. The complaining witness (I assume that's what you mean when you say accuser) and/or alleged victim(s) are not guaranteed anything. If this case comes to trial, it is the defendants who are guaranteed a fair trial. In a criminal matter, it is The State of North Carolina vs however many are bound over to trial, not the dancer who alleges she was raped.

    1st: Wall of silence by team members other than the 3. 2nd: DA goes public
    The three that initially cooperated stopped cooperating once lawyers got involved. The press did not get involved until the meeting with the other 43 players had been cancelled. That caused the DA to get the court order. I don't know if Nifong alerted the media or if the court order was brought to their attention by someone else. The search warrant had been public record for almost a week by the time the story hit the papers. Nifong cold have dropped a dine to a reporter and told them to check out the search warrant he wanted it to go public a week earlier.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#116)
    by chew2 on Fri Apr 21, 2006 at 09:10:40 PM EST
    inmyhumbleopinion, Thanks for info. My point was that the players decided not to cooperate prior to any "villifying" or accusatory publicity suggesting that the DA was biased against them. I take it you agree.

    chew2, Oh. Duh. Sorry. Yes, I agree with you.

    The cops made the initial decision that this was a credible rape case worth investigating. Do you really think they were pandering to the black community? I honestly think Nifong thought a rape occured at first. The mistake he made was going his press tour. He thought he had a crime, and like stipper #2, was trying to spin it to his advantage. The turning point seemed to come when all of the defense attorneys were going on TV claiming no sex whatsoever occured and that the DNA was going to exonerate them. If a rape really occured, they nevether would have taken such a position. That's when I think Nifong realized he might have made the mother of all screw ups because he shut his trap just around then. And if he quietly let the thing die at that point I think everyone would be able to forgive him. But the more this case falls apart the more intranisgent the guy gets. He's like GW on crack. He's got his story and no amount of facts are going to change his mind.

    What's saddest is the amount of damage this case will do to real rape victims.

    Hi Scrutinizer, You wrote:
    You missed my point earlier. The complaining witness (I assume that's what you mean when you say accuser) and/or alleged victim(s) are not guaranteed anything. If this case comes to trial, it is the defendants who are guaranteed a fair trial.
    North Carolina's Constitution guarantees: "every person for an injury done him in his lands, goods, person, or reputation shall have remedy by due course of law; and right and justice shall be administered without favor, denial, or delay." The idea that it is only the defendant who is guaranteed a fair trial is an impoverished one. Defendants have rights that non-defendants don't, because their liberty is at risk. But fair trials are for us all. Bogan444,
    The turning point seemed to come when all of the defense attorneys were going on TV claiming no sex whatsoever occured and that the DNA was going to exonerate them. If a rape really occured, they nevether would have taken such a position.
    The dna tests had the potential to exonerate the accused, but didn't. Had the dna of other individuals been found, the two accused people might well have been off the hook. The testing did not solve the riddle of how this woman came to suffer vaginal and anal injuries without dna being left. Maybe a trial won't solve that mystery either. But a backroom deal with defense attorneys selectively displaying for the prosecutor ONLY the evidence that supports their clients innocence would be a pretty pathetic way for this story to have ended, universally repugnant to us all. Spyderman writes:
    What's saddest is the amount of damage this case will do to real rape victims.
    False charges or not, it's a tough road to hoe if you want to put someone away for raping you. What's encouraging for "real rape victims" in this case is that there is at least one prosecutor who recognizes that fair questions deserve fair answers. That's more than you've argued for, Spyderman, lover of women though you purport to be. You want a pre-trial verdict, no?

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#121)
    by Scrutinizer on Sat Apr 22, 2006 at 06:55:54 AM EST
    PB- The open court provision in the NC Constituion does provide a vehicle for the alleged victim in this case to go to court, but if she did that, the proceeding would be a civil matter, not a criminal one. If this case is prosecuted as a criminal case, however, her rights are given under Article I, Section 37, and do not include the right to a trial where her accusations are made in open court. That is the decision of the solicitor, not the alleged victim. Again, the plaintiff is the State, not the accused. You also wrote
    The dna tests had the potential to exonerate the accused, but didn't. Had the dna of other individuals been found, the two accused people might well have been off the hook. The testing did not solve the riddle of how this woman came to suffer vaginal and anal injuries without dna being left. Maybe a trial won't solve that mystery either.


    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#122)
    by Scrutinizer on Sat Apr 22, 2006 at 07:09:52 AM EST
    PB-- Oops. Wrong button! You wrote
    The dna tests had the potential to exonerate the accused, but didn't. Had the dna of other individuals been found, the two accused people might well have been off the hook. The testing did not solve the riddle of how this woman came to suffer vaginal and anal injuries without dna being left. Maybe a trial won't solve that mystery either.
    I don't have a horse in this race as far as who's telling the truth about what happened between dancer and students, but it's not up to the defense to prove why this woman had vaginal and anal injuries consistent with rape. If, however, the defense can show that there was no DNA evidence linking these students to the dancer, and if there was DNA trace evidence recovered from the dancer, then the prosecution has an uphill fight. There was, apparently, something collected from the alleged victim which didn't match DNA tests performed by the defense attornies, or the statement that there was no match makes no sense. DNA trace evidence is not, after all, limited to semen--almost any cellular material (pubic hair, skin, blood, etc) left behind on the alleged victim would be sufficient for testing. It is extremely difficult to keep this from happening, even if the rapist uses condoms. If it is true that there is no match with DNA evidence the DA has, it is not the responsibility of the defense to indetify who left the trace evidence behind, it's up to the prosecution to explain how these guys could have allegedly assaulted the dancer without leaving any trace DNA behind.

    Scrutinizer, You wrote:
    If this case is prosecuted as a criminal case, however, her rights are given under Article I, Section 37, and do not include the right to a trial where her accusations are made in open court.
    I consider article 18, referring to "all" courts as it does, as applying to civil and criminal trials. I consider article 37 (in the context of article 35 and and 36), as representing an enumeration of rights, not a limitation of them. And I have no present or past opinion on whether a trial in which an alleged victim is not allowed to present her accusations might be considered a "fair" trial. Has it ever come up, and why is it relevant? You wrote:
    it is not the responsibility of the defense to indetify who left the trace evidence behind, it's up to the prosecution to explain how these guys could have allegedly assaulted the dancer without leaving any trace DNA behind.
    I agree. I was only concerning myself with the question of whether the lack of dna in any way exonerates the players, as has been mischievously contended by the Wall of Shill. I don't purport to have any insight into the prosecution's case, or any interest in anything but the preservation of the rights of the participants.

    If, however, the defense can show that there was no DNA evidence linking these students to the dancer, and if there was DNA trace evidence recovered from the dancer, then the prosecution has an uphill fight. There was, apparently, something collected from the alleged victim which didn't match DNA tests performed by the defense attornies, or the statement that there was no match makes no sense. DNA trace evidence is not, after all, limited to semen--almost any cellular material (pubic hair, skin, blood, etc) left behind on the alleged victim would be sufficient for testing. It is extremely difficult to keep this from happening, even if the rapist uses condoms.
    The prosecution did not comment on any particulars of the DNA test results, so we have to go with the defense team's "summary." From Cheshire's statement I would guess there was no semen found on the victim - he claims a thorough swabbing of her body shows she hadn't had sex with anyone recently. I would guess the SBI lab did not come up with any DNA from her to match to the players. If this is the case, the statement there was no match does not make sense. The DNA tests being performed by a private lab are yet to be completed. This may be a search for DNA from sources other than semen. The players are not "out of the woods" yet.

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#125)
    by kdog on Sat Apr 22, 2006 at 09:09:37 AM EST
    There would have been no black outrage to "force" him to prosecute. Plus, only 44% of Durham is black and I'm guessing even less are registered voters.
    I would think it be community-wide outrage to prosecute. I mean are racial tensions still that bad in Durham? Wouldn't white locals be more apt to side with a black local than with the college kids who treat their community as a 4 year kegger?

    Re: Duke: Second Dancer Comes Forward, Identifies (none / 0) (#126)
    by Scrutinizer on Sat Apr 22, 2006 at 09:27:37 AM EST
    PB- Section 18 gives the accuser the right to bring a case to court, and she could certainly file a case in civil court alleging rape, and seek punitive and actual damages from anyone she cares to name as a defendant. She even has a lower standard of proof than the state has to satisfy in a criminal trial. In a criminal case, however, the alleged victim (and I say alleged because whether she was raped is a matter of fact for the jury to decide) does not have the same rights as the defendant(s), because the government has the burden of proof. Presumption of innocence does not mean that we have to consider the alleged victim a liar. A jury is supposed to consider whether the state proves its case beyond a reasonable doubt. For victim's rights purposes, for example, a jury could decide that the woman in this case had been raped, but that the prosecution had not proven that the particular defendants in this case committed the crime. I agree with you about the wall of shill, and I think it goes both ways in this case. Frankly, trying and defending high profile cases in public (both prosecution and defense are equally guilty) does nothing to improve the quality of justice for victim or accuser.

    Scribe, PB, Scrutinizer, thanks for bringing logic and knowledge of our legal system to this discussion, rather than the emotional arguments most of the rest of us (and I include me in that "us") are bringing. Bravo! Please stay around.

    Comments now closed, there are well over 100.