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Today's Duke Lacrosse Opinions

by TChris

John McCann concluded a confusing opinion piece in the Durham Herald Sun with this:

The lacrosse boys brought it on themselves, though -- even if the accuser's lying.

Talk about blaming the victim. Maybe you can figure out how "the lacrosse boys" brought on a false accusation. McCann is incoherent on the subject.

Here's a rebuttal to McCann.

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    Re: Today's Duke Lacrosse Opinions (none / 0) (#1)
    by chew2 on Wed May 31, 2006 at 09:02:47 PM EST
    TL, I took a week off. But still the only commentaries you can find to link to on the Duke lacrosse case are from right wingers like Tom Bevan over at Real Clear Politics. Right winger Bevan trashed your boy Al Gore as the folks over at Daily Kos note. Gore's Jeddah Speech: A challenge to Tom Bevan of RCP
    Michelle Malkin hammered out a quick post entitled "Al Gore Slanders America" in which she linked to a bunch of other right-wing bloggers who said pretty much the same thing. Scott of Powerline accused Gore of "defame[ing] his country before a foreign audience for fun and profit." Captain Ed at Captain's Quarters asked : "We held mass roundups of Arabs? When? Where?" And my personal favorite was a post at RealClearPolitics [Tom Bevan] which framed the issue this way: "Now ask yourself: between the asinine comments of Gore and Coulter, who's done more harm to the cause of the United States?" RCP's answer: clearly Al Gore (For those of you who've been under a rock for the last week, Ann Coulter--while speaking at the recent Conservative Political Action Conference (CPAC)--commented "I think our motto should be post-9-11, 'raghead talks tough, raghead faces consequences'").


    Re: Today's Duke Lacrosse Opinions (none / 0) (#2)
    by Talkleft Visitor on Wed May 31, 2006 at 10:08:49 PM EST
    rogan:
    Non right-wing commentators are oh-so-politically-correct and aren't too eager to go on the record and risk getting slammed. That's why they don't write too much, thus they can't be cited. Hard to believe that many left wing commentators would privately agree with McCann--or would they???
    Is there an argument in here? If so, please rewrite to reveal what it is.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#3)
    by Talkleft Visitor on Wed May 31, 2006 at 10:45:07 PM EST
    Re: Altering date/time stamps in the photos w/o a trace. Let's not play legerdemain with the cameras, the flashcards and the photos -- and the computers. The ones that count are the ones that were taken into police custody 2 days after the party. Any manipulation -- that counts -- would have to have been done to the flashcards and the time settings on the cameras before that time. To suggest that the defense has manipulated that evidence -- without a trace -- is a virtual impossibility. (See details on previous thread: Post by 7duke4 May 31, 2006 09:58 PM) Anyone with a knowledge of Photoshop -- and some fairly good talent -- could alter the time/date stamp on the photos, but not necessarily without a trace. And definitely not without leaving massive traces -- including multiple whole, intact images -- of those alterations on the computer that modified the photos. Hard drives can be written over 35 times or more and the original image can still be retrieved. Some technology involving the use of an electron microscope has retrieved virtual hard drives from original ones burned in the world trade center fires. So actually the computers would have to have their whole hard drives replaced -- which also leaves traces. "No trace" is a pretty high standard for changing data undetected.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#4)
    by Talkleft Visitor on Wed May 31, 2006 at 11:02:32 PM EST
    McCann says:
    "that's what can happen when you don't keep your nose clean."
    Hmmm, does that apply to the AV as well? Inquiring minds want to know. Can we all go home now and forget about it all?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#5)
    by Talkleft Visitor on Wed May 31, 2006 at 11:35:23 PM EST
    From the article-
    Setting aside the fact that three young men stand accused of a crime that could cost them the better part of their lives behind bars,
    Supposing they'd get a conviction under any circumstances, "the better part of their lives" would be highly unlikely, buddy. I wonder if this guy actually read what he typed before he banged his head against the wall and sent it out. This seriously reminds me of when Chesycho did the "Nobody Can Play the Race-Card But Me" response article-
    As a result, this case is upsetting a whole host of traditional liberal stereotypes and tactics, not the least of which is a seemingly innate liberal reflex to attack white males as symbols of privilege and racial oppression whenever possible.
    Heh, I always find conservative preference-victimization hilarious: "this isn't about race, except how it's about race". Because its only important when its white men, otherwise it is political correctness.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#6)
    by azbballfan on Thu Jun 01, 2006 at 12:39:45 AM EST
    7duke4 wrote:
    I work on computer operating systems and, believe me, this is a top subject of discussion at my company right now. The consensus right now is that the time and expertise involved to change all of these time stamps in place, with no trace of the change, would be difficult and time consuming for us, and we understand how to do this. A utility program would be needed for the specific camera, and I doubt that this type of utility has been developed for every potential camera's format. Our security experts are also doubtful concerning the time and effort to do this. If there was more than one camera, the difficulty of this would multiply.
    Try Adobe Photoshop Home Edition 3.0. Works great for changing timestamps. Again - those who think that camera makers and software makers are considering their photos being used as evidence when considering how easy they should make it to alter timestamps has been watching way too much CSI. What, do you think if Cannon doesn't protect the validity of it's cameras' timestamps using satellite technology that it will suddenly find itself liable in this case? Give me a break!

    Re: Today's Duke Lacrosse Opinions (none / 0) (#7)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 12:57:09 AM EST
    SLOphoto posted:
    To suggest that the defense has manipulated that evidence -- without a trace -- is a virtual impossibility. (See details on previous thread: Post by 7duke4 May 31, 2006 09:58 PM)
    The photos I was talking about are not from the cameras seized during the search of 610 Buchanan. I was talking about the photos that are in the possession of the defense. SLOphoto posted:
    "No trace" is a pretty high standard for changing data undetected.
    Former FBI digital photo expert said if the average person altered the time stamps or sequence of the photos on a copy or even the original chip or disk from the camera, experts could detect it, but if someone knew what they were doing, they could change the time stamps and/or sequence of the photos without experts being able to detect the alterations.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#8)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:47:35 AM EST
    SloPhoto, You wrote:
    To suggest that the defense has manipulated that evidence -- without a trace -- is a virtual impossibility.
    It's a simple matter to make the original timestamp data unrecoverable. You just press erase and then fill the memory with other data. This may well have happened already to the best of the photos. Would it be easy to determine whether photos had been erased? Perhaps, if given the opportunity. But there's no reason to believe that that opportunity will be coming anytime soon. Under happier circumstances, the camera contents would have been saved, and the camera would have been turned over to the police for proper tagging and disposition, whether the victim was a poor black women or three middle and or upper class white students. Now the best we can say about the photographic evidence is that the information released about it is being strictly controlled by an adversarial party. We don't even know whether the time stamps being presented are a match for the timestamps found in the camera, or whether they have been interpolated in some direction or other for the purpose of making them more (or less) accurate. We can be sure that if an interpretation has been made, however, it has not been made in the direction that would prejudice this case against the defendants. Such manipulations do not require any tampering whatsoever. They only require favoritism on the attorneys representing the accused. It is the job of defense attorneys to exhibit such favoritism. The rest of us don't have that excuse.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#9)
    by Talkleft Visitor on Thu Jun 01, 2006 at 02:19:00 AM EST
    Posted by azbballfan May 31, 2006 01:11 PM
    The lacrosse team is basically a fraternity. 1/3 of the students of Duke are in fraternities and sororities. I come from the same background and joined a fraternity. First rule of a fraternity, watch your brothers' backs at all costs. You never tell your parents, girlfriend, or anyone what goes on in the house. The response of the players in the initial letter from the Captains and Dave Evans' staged press conference with his 'brothers from other mothers' standing up for him show behavior consistent with a conspiracy to hide the truth.
    azbballfan, You state the rule of fraternities is to never tell anyone what happens at the House and imply (in this and other posts) a massive conspiracy to hide the truth. You're also a Frat boy from a wealthy family and say that the "Lacrosse team is basically a fraternity". So, we can all can infer from your reasoning, that if a brutal gang rape occured at your frat house while you were there, you would have lied about it to the Police, family, freinds, etc... Nothing would have compelled you to do the right thing.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#10)
    by Talkleft Visitor on Thu Jun 01, 2006 at 02:57:32 AM EST
    Posted by Lora May 31, 2006 10:19 AM GSD, Thanks for the clarification of the search warrant vs. Bissey etc. I'll just compare the search warrant and Shelton's report: From the search warrant: As the two women got into a vehicle they were approached by one of the suspects. He appologized and requested they go back inside and continue to dance. Shortly after going back into the dwelling the two women were separated... From Shelton's write-up: She said that they left and got into "Nikki's" car. At that time, she said that someone from the party wanted them to come back into the house. She said that "Nikki" wanted to go back inside, but that she did not. She said that she and "Nikki" got into an arguement about going back inside. She said at that point some of the guys from the party pulled her from the vehicle and groped her. She told me that no one forced her to have sex. She then mentioned that someone had taken her money. I guess I was leaning towards the possibility that the AV being pulled from the car and groped was a lead-up to the alleged rape/assaut. Now that I'm rereading both, they sound like two separate events. I still don't think the one precludes the other. If Kim was ready to return, thinking perhaps she could handle the crowd and perhaps get more tips, and the AV was reluctant, some of the partyers could have pulled the AV out of the car, not necessarily kicking and screaming. She was reluctant, but if Kim got out and went toward the house, she may have figured better to go where Kim goes rather than be left alone. Getting groped could have happened on the way to the house, as could the alleged robbery. If Kim is already at or in the house, what's she gonna do, try and go back to the car? She appears much less assertive than Kim and therefore would be much less likely to raise a fuss. If she was afraid, better to try to stick with Kim, who was not.
    Lora, My point about the original Search Warrant and Shelton's write up was that they were both based almost exclusively on the AV's statements. For Officer Himan, she went into detail about being pulled into the bathroom and raped in the house, but, only a request from one player and zero groping/dragging outside. For Sgt. Shelton, she told him she was pulled from the car by some guys and groped but no one forced her to have sex. Unless someone is lying, one does preclude the other, or both statements. Either the AV lied to Officer Himan or Sgt. Shelton, or both of them. Or, Officer Himan or Sgt. Shelton is lying, or both of them are. Take your pick. You also mentioned something about a "silent rape" scenario in your post. Just to be clear, I never made any suggestions about this, maybe you were responding to another poster?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#11)
    by Talkleft Visitor on Thu Jun 01, 2006 at 03:48:57 AM EST
    GSDFan, People talk about the unlikelihood of a coverup involving 40 people. They say such things as "what are the odds of 40 people keeping a secret?" Not a little secret, like the secret of who made the racist comment, or the secret of who was the guy with the wet spot. Those types of secrets are easily kept. I'm talking about a big secret, like a sexual assault. Could you actually find 40 people evil enough to coverup such a thing gathered in one place? At Duke, nonetheless? Only four people are alleged to have been in the bathroom together during the assault. So 37 people aren't actually even alleged to know what happened. They are keeping silent as a matter of policy. That's not a rare event, rape or no. Such policies are in place in hospitals around the country. Allegations regarding malpractice are common occurrences. Medical staff talking out of turn are not. That's true regardless of whether there was in fact malpractice. It's the reverse of the old poem about the Trade Unionists. ("When they came for the Trade Unionists, I didn't speak up. I was not a trade Unionists.") The new poem goes: When they came for the lacrosse players, I didn't speak up. I was a lacrosse player. When they came for the doctor I didn't speak up. I was a doctor. When they came for the politicians, I didn't speak up. I was a politician. And when they came for me, all my friends kept their mouths shut. Has anybody publicly claimed that the three defendants were not in the bathroom with the accused that evening? They should, if they want to appear credible. People might just start getting that sinking feeling if Nifong can show the defendants were in the bathroom with the accuser, no? rogan: In your treatise on "pseudo-science" you wrote: PB talks about believing the AV just in case it's true to prevent a "second rape". You must have missed 7Duke4's strident defense of the presumption of innocence. What does the presumption of innocence require? It doesn't require "believing" that a person is innocent. It simply requires "presuming" that they are innocent. It's an intellectual inquiry, not a faith-based one. I think you'll find, if you look back at my posts, that I spend most of my time "presuming" that the accuser is innocent, as opposed to "believing" that she is innocent. But correct me if I'm wrong. Real science is about falsification, after all. Nothing moves science forward quite so well as demonstrations that something is wrong.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#12)
    by cpinva on Thu Jun 01, 2006 at 06:17:56 AM EST
    Has anybody publicly claimed that the three defendants were not in the bathroom with the accused that evening?
    PB, you have it backwards, the accused need prove nothing, it is the burden of the state to prove the substance of any allegations. you seem to do that a lot.
    Former FBI digital photo expert said if the average person altered the time stamps or sequence of the photos on a copy or even the original chip or disk from the camera, experts could detect it, but if someone knew what they were doing, they could change the time stamps and/or sequence of the photos without experts being able to detect the alterations.
    INHO, this could well explain why he's a former FBI photo expert, he's not able to tell the difference. true, you could use an application, such as adobe photo shop, to change the date/time stamp originally overlayed by the camera, and it would be nearly instantly detectable, to the naked eye of even a non-photo expert, much less a self-proclaimed former FBI photo expert. the reason is simple: all those apps leave a trail, and regardless of how good you are, the make-over is never going to be 100% compatible with the original. all you need do is compare a date/time stamped photo, known to have been taken by that camera, and compare the two. the difference will become strikingly obvious. i would assume the authorities ordered this comparitive anaylysis performed, but that's speculation on my part. as to the actual point of this thread, i was disappointed in both the editorial and the "rebuttal", both were poorly thought out and written. why am i reminded of the NCC student who's quoted as saying something along the lines of "they should be convicted, even if they did nothing"? the rebuttal wasn't much better, primarily consisting of the "woe is me, i am a wealthy white male, and i'm being put upon for no good reason" school of thought (and i use the term in its loosest sense). yeah, i'm impressed. unfortunately, this seems to be the true level that discourse on this subject has sunk to, they're just a common example. there is yet a year to go, before this is scheduled for trial. i bet one of two events occurs in the interim: 1. new evidence comes to light, causing a plea bargain by the accused., or 2. nifong quietly convinces the AV to drop the charges, and the whole thing disappears from the national radar. if #2, want to bet it happens during the mid-term elections, so as to keep it out of the limelight?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#13)
    by Talkleft Visitor on Thu Jun 01, 2006 at 06:45:57 AM EST
    Re: Wall of Silence, Cover-up, etc. If, in fact, there has been a cover-up by the lax players, wouldn't it seem likely that now is the time for it to break down? I don't know how many, if any, of the players are attending a summer session at Duke. But consider all of the guys who are now back home, in a totally different setting, with old friends, teammates, and family, away from their Duke "brothers." Is it likely that not a one of them will talk, will say that they saw something damning that night but won't or haven't told the authorities? Think, especially, about the ones who were freshman (or, one of my favorite "this is crazy" memories of Duke, when The Chronicle referred to us newly arrived students as "freshpersons") last year. Only one year removed from friends they had likely known for years, HS teammates whom they would likely feel closer to than they would to their new Duke teammates that they have only known for six months or so, and they won't have a moment of weakness, won't feel the stress of maintaining silence or lies, and say to someone from home "you can't tell anyone, but . . . "? The idea that none of the other 44 players has a conscience, a moral center, a sense of right and wrong, seems statistically and anecdotally improbable to me.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#14)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:08:07 AM EST
    I suppose it's in Kim's best interest to keep quiet for now, considering her probation violation hearings. But timing is everything and the timing of the publication of 2nd Dancer: The Only Sober in the Place is no exception. Will she write it herself or hire a ghost writer?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#15)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:08:50 AM EST
    Sober Person

    Re: Today's Duke Lacrosse Opinions (none / 0) (#16)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 07:13:09 AM EST
    cpinva posted:
    INHO, this could well explain why he's a former FBI photo expert, he's not able to tell the difference. true, you could use an application, such as adobe photo shop, to change the date/time stamp originally overlayed by the camera, and it would be nearly instantly detectable, to the naked eye of even a non-photo expert, much less a self-proclaimed former FBI photo expert.
    Jerry Richards is a retired chief of the FBI's special photographic unit. During his 20 year career with the FBI he specialized in document and photographic examination. He has worked or testified in cases involving John Walker, Jerry Whitworth, Jonathan Pollard, Ronald Pelton, and Rick Ames, as well as the O.J. Simpson civil case, and the John F. Kennedy/Marilyn Monroe forgery case. Richards owns Richards' Forensic Services in Laurel, Md., which examines questioned documents and photographs. He is available for consultation and expert witness testimony.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#17)
    by Bob In Pacifica on Thu Jun 01, 2006 at 07:28:44 AM EST
    McCann's column is both incoherent and despicable. We will see this over and over again as this case slowly disintegrates. This is exactly why I warned people on the Left not to conflate this case to anything more than what it is. You can believe in the inequality between rich white boys and poor black women, you can believe that men rape women, but if you make this case the symbol of your beliefs you're gonna take a big fall.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#18)
    by Bob In Pacifica on Thu Jun 01, 2006 at 07:32:41 AM EST
    rogan1313, As someone very much on the Left of things, I don't see this specific case is inherently Left or Right. That's all commentary after the fact. The case is about a gangrape accusation, and whether or not that accusation is true.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#19)
    by Bob In Pacifica on Thu Jun 01, 2006 at 07:42:50 AM EST
    Regarding the defense team intentionally changing times on photos and thus risking going to jail for falsifying evidence, To what end would they manipulate the timeline? Since Nifong has not announced his timeline, would the defense team juggle the pictures in order to show pictures no more than four or five minutes apart? If the defense attorneys have already said that the dancers were in the bathroom for a period of time, that time period would not have photos of the women. Nifong has access to those photos whenever he wants them. So why worry about the lawyers risking jail time to fake photo times?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#20)
    by Bob In Pacifica on Thu Jun 01, 2006 at 07:45:10 AM EST
    fillintheblanks, What would be the title of the AV's book? The Only Soper In The Place

    Re: Today's Duke Lacrosse Opinions (none / 0) (#21)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:46:25 AM EST
    Are there any photos between 12:03 & 12:30? If they were altering timestamps, why leave a 27 minute gap?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#22)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 08:05:04 AM EST
    SharonInJax posted:
    If, in fact, there has been a cover-up by the lax players, wouldn't it seem likely that now is the time for it to break down?
    There has been a cover-up. Cheshire calls it "sticking together." Are they only covering up underage drinking, the indentities of the hurlers of racial slurs, and the gentleman who made the broomstick "joke?" [that'll be a "laugher" saved for his future wedding toast] Are they covering up a robbery, an attempted strangulation, or sexual assaults? SharonInJax posted:
    The idea that none of the other 44 players has a conscience, a moral center, a sense of right and wrong, seems statistically and anecdotally improbable to me.
    Not everyone at the party need know what everyone else did or did not do. If three were locked in the bathroom with her, they are the only ones that need know what did or did not happen in there. These three may not even be the three indicted players. Everyone else could believe they are remaining silent to prevent the "DA gone mad" from wrongly convicting their teammates and doing so is right and the moral thing to do.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#23)
    by Jlvngstn on Thu Jun 01, 2006 at 08:12:48 AM EST
    The ones screaming the most about morality are the ones you should protect your kids from. After all isn't it biblical that one should not remove the splinter from anothers eye until they remove the forest from theirs?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#24)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 08:18:50 AM EST
    markyb posted:
    Are there any photos between 12:03 & 12:30? If they were altering timestamps, why leave a 27 minute gap?
    There is a photo labeled 12:10 that shows a sleeping/passed out player. If they were altering the time stamps, what are their options? They can't make the dancing last 27 minutes, Kim knows that didn't happen.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#25)
    by Bob In Pacifica on Thu Jun 01, 2006 at 08:25:09 AM EST
    How about someone who is worrying about alteration of the timestamps propose a theory as to how manipulating the time would help the defense.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#26)
    by Bob In Pacifica on Thu Jun 01, 2006 at 08:32:38 AM EST
    Soper is old slang for soperific drugs. That is, "A medicine, drug, plant, or other agent that has the quality of inducing sleep; a narcotic." So when fillintheblanks suggested the title of Roberts' book as "The Only Sober [Person] In The Place," I thought the AV's book title could be "The Only Soper In The Place." I know it's criminal to explain your puns. I'll go back into my cell and remain quiet for awhile.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#27)
    by azbballfan on Thu Jun 01, 2006 at 08:33:34 AM EST
    GSDfan wrote to me:
    You're also a Frat boy from a wealthy family and say that the "Lacrosse team is basically a fraternity". So, we can all can infer from your reasoning, that if a brutal gang rape occured at your frat house while you were there, you would have lied about it to the Police, family, freinds, etc... Nothing would have compelled you to do the right thing.
    I said I joined a fraternity once. I didn't stay. They recruited me to be on thier basketball team and promised I would be excluded from the hazing and other boorish behavior. They couldn't shield me or my real friends from the boorish behavior so I hastily quit. That being said, I am good friends with the members of my basketball team. If I were aware of any crime they committed, I wouldn't say a thing. If anyone invited me to a party with 14 other guys and two strippers, I'd politely decline because I know what goes on at those parties and wouldn't want to be a part of it.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#28)
    by Jlvngstn on Thu Jun 01, 2006 at 08:33:45 AM EST
    Bob, pretty simple actually. Smears the prosecution case in the court of public opinion and creates reasonable doubt for people to speculate. Of course if they are doctored and can be proven, defense gets killed on cross.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#29)
    by azbballfan on Thu Jun 01, 2006 at 08:39:37 AM EST
    Sharon wrote:
    The idea that none of the other 44 players has a conscience, a moral center, a sense of right and wrong, seems statistically and anecdotally improbable to me.
    The players had their season cut short and continue to be railed in the press. Certainly it is a natural reaction to huddle together with others you identify with - other Duke lacrosse players. It is a real big stretch to think that a parent or girlfriend is going to break the trust of a player who does confide in them in order to get some attention from the press. Unless you're Linda Tripp.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#30)
    by Talkleft Visitor on Thu Jun 01, 2006 at 08:51:40 AM EST
    Druga wrote:
    Supposing they'd get a conviction under any circumstances, "the better part of their lives" would be highly unlikely, buddy.
    You ar right if he is referring to the length of the sentence, which I think it is 15 years sentence (may be longer in NC). Taking it to another level, perhaps the subconcious meaning is that the author views "the better part" of his life having been from 23 to 38. Durge Wrote:
    Heh, I always find conservative preference-victimization hilarious: "this isn't about race, except how it's about race". Because its only important when its white men, otherwise it is political correctness.
    Racism is a vicious circle. Any response to a claim of racism in and of itself is going to be viewed as a reverse racism. Here's a simplification of the circle of arguments.... A: It is racist. B: No it is not, you are a racist for claiming it. A: No. You are a racist for denying it. B: No. You are a racist for claiming I am in denial. A: No. You are a racist for claiming I'm a racist. B: You are a racist. A: You are a racist. Obviously, at one point in history, racism in the US was predominantly whites (gender neutral), those generations are dying off. The younger generations actually see a color neutral world because they are trying to stop this vicious cirle, but it continues regardless when they are accused of being racist or read comments like "they asked for it". They feel it is a historically based false accusation against them. So it goes on and on and on and on. We know where the starting point of racism is in the US. Where is the ending point? How do we stop it as a society? Or do we just keep complaining about it and say things like, "they got what they asked for....even if she is lying". This comment is not racial progress, but digression. No one who truly wants racial progress should stand behind this comment. I view this comment as derogatory to the black community, as in: if you sleep with a dog, you'll get fleas type attitude. If we, as a society want progress, all sides need to condemn wrongful statements and acts, and stop being self serving and selective with criticism at a political and racial levels. In sum: Our society has lost the concept of working for "the greater good". In all sincerity, I'm not picking a fight with you Durga, I actually want to understand your perspective in order to find the progressive solution beneficial to all. fyi - I am a democrat.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#31)
    by Bob In Pacifica on Thu Jun 01, 2006 at 08:53:10 AM EST
    az, shame on you. I've gone years without thinking of Linda Tripp.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#32)
    by Talkleft Visitor on Thu Jun 01, 2006 at 08:58:07 AM EST
    Soper is old slang for soperific drugs.
    Thanks, Bob in P, for explaining this. I was scratching my head.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#33)
    by Bob In Pacifica on Thu Jun 01, 2006 at 09:02:56 AM EST
    fillintheblanks, I refer you to the punk band, The Angry Samoans, and their song, "Gimme Soper."

    Re: Today's Duke Lacrosse Opinions (none / 0) (#34)
    by Talkleft Visitor on Thu Jun 01, 2006 at 09:05:40 AM EST
    IMHO wrote:
    [that'll be a "laugher" saved for his future wedding toast]
    You have no clue what you are talking about and are so off-base with stereotypes and assumptions like this. I have not read one comment on this blog that stereotypes the AV/FA's family or community. Only yours about the ARs'. Why do you feel the need to do so?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#35)
    by JK on Thu Jun 01, 2006 at 09:09:01 AM EST
    Az said:
    If I were aware of any crime they committed, I wouldn't say a thing.
    Including rape?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#36)
    by Talkleft Visitor on Thu Jun 01, 2006 at 09:13:24 AM EST
    Lots of people seem willing to talk about modifying timestamps on photos on devices without knowing much about the devices in question. This seems rash, if the devices in question are camera phones, which, to the best of my knowledge use non-removable flash memory for recording pictures etc. Also, to the best of my knowledge, these phones use wear leveling techniques to increase the lifetimes of the flash memory chips, because there are limits to the number of erase cycles that blocks on any flash memory chip can undergo. Something like 250,000 to 1M are typical, I believe. The result of all this is that these devices leave the old blocks behind when files or metadata (ie, timestamps, names of files, etc) are modified. They are typically not erased until you have cycled through all the memory. This old data can be recovered and the sequence of operations can be reconstructed. It all depends on when you get your hands on the phone and the level of sophistication of the person making the modifications. Of course, the picture is different for real cameras with removable flash devices, because they tend to use the good old DOS FAT file system. In any event, I would think that lawyers would be very wary of corrupting evidence. Better to use a different line of defence than to risk the possibility of being disbarred for tampering with evidence.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#37)
    by azbballfan on Thu Jun 01, 2006 at 09:27:31 AM EST
    jk
    Az said: "If I were aware of any crime they committed, I wouldn't say a thing." Including rape? You took this sentence out of context. I said that I wouldn't put myself in the position to be aware of a gang rape at a stripper party. I can't imagine any of my friends being accused of rape - some acquaintences maybe, but that's why they're just acquaintences, I don't want to know more about them than I have to. This is much more reasonable than wanting to find out if they did something so I could tattle on them. Why? Bob: Share your feelings with us, how does thinking about Linda Tripp make you feel? beenaround: I've posted twice before exactly how easy it is to change the metadata tags on pictures from digital cameras or camera phones using software that comes with every color printer sold. There's no reason why manufacturers care how easy it is to change this data. And who says the lawyers would know anything about manipulating the timestamps?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#38)
    by wumhenry on Thu Jun 01, 2006 at 09:35:35 AM EST
    The idea that none of the other 44 players has a conscience, a moral center, a sense of right and wrong, seems statistically and anecdotally improbable to me.
    Not to mention fear of being prosecuted for aiding and abetting. I, for one, find it easiest to believe that they're not coming forward with incriminating evidence simply because they're not aware of any. To me, it's not plausible that three men beat, strangled, and raped the AV in the bathroom of that house and yet that the 40-some others who were present were unaware that a struggle was going on. Nor is it plausible that members of the Duke lacrosse team with incriminating knowledge would all choose to withhold it at the risk of being tarred with collective guilt and prosecuted as accessories after the fact.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#39)
    by Talkleft Visitor on Thu Jun 01, 2006 at 09:37:45 AM EST
    abnnallfan says:
    beenaround: I've posted twice before exactly how easy it is to change the metadata tags on pictures from digital cameras or camera phones using software that comes with every color printer sold. There's no reason why manufacturers care how easy it is to change this data.
    And I am pointing out that such manipulation has a high likelyhood of being detectable in the case of camera phones. Sure, the phones present a USB Mass Storage interface that Windows understands and the utilities provided can manipulate, but they do not get to manipulate the actual blocks on the flash device. Forensic experts will know how to get the actual data stored on the flash chips and can see the deleted blocks.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#40)
    by Dadler on Thu Jun 01, 2006 at 09:40:03 AM EST
    Kind of off-topic here, but I'm wondering what the statistics are for verdicts in cases where the defendent(s) doesn't take the stand. Anyone have a legal link?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#41)
    by Talkleft Visitor on Thu Jun 01, 2006 at 09:40:08 AM EST
    Excellent discussion about wear-leveling by beenaround. He is correct, that even if you do modify the timestamps with a typical user application - such as discussed earlier - the timestamps may appear to be changed. However, the real data is still visible on the flash if you know how to look. The issue is when you read a block, modify it and write it back, it doesn't go back in the same location, but is moved (in a very reproducible fashion) to a different block to prevent wearing out a block that may be modified more than others. I do disagree with one comment made, though:
    Of course, the picture is different for real cameras with removable flash devices, because they tend to use the good old DOS FAT file system.
    While you are correct that the DOS FAT filesystem does not do wear leveling, the writes to a 'physical block' are actually remapped by the removable flash device itself, to perform it's own wear leveling. That is why you shouldn't use a wear-leveling file structure on a removable flash device. So unless you are very good and can directly access the device (not very easy to do), there will be evidence of tampering.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#42)
    by JK on Thu Jun 01, 2006 at 09:48:11 AM EST
    AZ: Thank you for your candid self-examination in response to my hypothetical question. I did not mean to suggest that any of your friends or teammates is the type of person who would commit rape. But imagine . . . You are at a party with your teammates. No strippers, but it is loud and there are lots of people. Three of your teammates walk out of the bathroom followed by a drunken, disheveled female student, who later claims she was raped. Do you speak up? If you would, why would you assume that the Duke LAX players would not? Now assume a different scenario. Assume you did not witness your teammates coming out the bathroom with the girl. She later claims rape, but you doubt her story and have no reason to believe it. During the party, you did hear one of the players (not the same as the accused) makes a drunk, racist joke. The accuser, as part of her narrative, mentions the joke to describe the atmosphere of the party. Do you volunteer the identity of the joke teller to the public or authorities? If you don't, is that a "cover up"?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#43)
    by Talkleft Visitor on Thu Jun 01, 2006 at 10:05:14 AM EST
    Re: "No trace" is a pretty high standard for changing data undetected.
    Former FBI digital photo expert ("Jerry Richards is a retired chief of the FBI's special photographic unit.") said if the average person altered the time stamps or sequence of the photos on a copy or even the original chip or disk from the camera, experts could detect it, but if someone knew what they were doing, they could change the time stamps and/or sequence of the photos without experts being able to detect the alteration.
    IMHO: We already went over this. Theoretically, "if" someone really knew what they were doing well enough to fool an electron microscope analysis, then yes, this is probably an accurate statement.
    It's a simple matter to make the original timestamp data unrecoverable. You just press erase and then fill the memory with other data.
    PB: In a word, "no." Please reread the Post by 7duke4 May 31, 2006 09:58 PM. :::sigh::: As was carefully explained, that is not a "simple matter." Briefly as was explained and only in part by 7duke4:
    A utility program would be needed for the specific camera, and I doubt that this type of utility has been developed for every potential camera's format.
    It appears that some posters here do not have a very good grasp on how electronic data is "stored" in "memory," let alone how that data is "written" or "erased." It is not as simple as saying "this is box 4B, is there a "1" or a "0" in it?" as 7duke4 patiently explained last night, and as I carefully explained -- in part -- early this morning.
    Try Adobe Photoshop Home Edition 3.0. Works great for changing timestamps.
    azbballfan: With no trace of the change? That was the original question. In a word the answer is "No."
    the reason is simple: all those apps leave a trail, and regardless of how good you are, the make-over is never going to be 100% compatible with the original. all you need do is compare a date/time stamped photo, known to have been taken by that camera, and compare the two. the difference will become strikingly obvious.
    cpinva: Thank you for adding this point. All applications do leave a trail. Assuming the images were auto-saved as JPEG files and not TIFFs then they were "compressed" using a mathematical averaging formula. Each time that JPEG is saved again, the formula is recomputed, and each of those "saves" leaves a trail.
    Posted by Bob In Pacifica: Regarding the defense team intentionally changing times on photos and thus risking going to jail for falsifying evidence...
    Yes, regardless of that obvious consideration, let me restate the original point -- again. "No trace" is a pretty high standard for changing data undetected.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#44)
    by Talkleft Visitor on Thu Jun 01, 2006 at 10:13:42 AM EST
    The result of all this is that these devices leave the old blocks behind when files or metadata (ie, timestamps, names of files, etc) are modified. They are typically not erased until you have cycled through all the memory. This old data can be recovered and the sequence of operations can be reconstructed. It all depends on when you get your hands on the phone and the level of sophistication of the person making the modifications.
    And thank you beenaround for adding that part of the explanation, too.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#45)
    by Talkleft Visitor on Thu Jun 01, 2006 at 10:16:52 AM EST
    While you are correct that the DOS FAT filesystem does not do wear leveling, the writes to a 'physical block' are actually remapped by the removable flash device itself, to perform it's own wear leveling.
    And thank you statistics101 for adding that further part of the clarificatrion, too.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#46)
    by JT on Thu Jun 01, 2006 at 10:19:02 AM EST
    Or what about this scenerio. An investigation into an incident at you a party you attended has become a national story, that is clearly not going to go away. The DA askes you, not if you think a rape occured, or if there were any racial comments, or any of that stuff. He simply asks you if stripper entered a bathroom with any of the other party goers, at any point during the party. Do you stonewall? Maybe. Do you lie under oath? Maybe there are a few people that would, but most wouldn't. To find a couple dozen people that would be willing to do this is beyond probablity. I've been on teams and in a fraternity, but the only people I'd even think about lying under oath for is a blood relative -- and if it was to cover a brutal rape I'd feel pretty darn bad about it for the rest fo my life. This could be Nifong's ace in the hole -- he knows, under oath, he will be able to get some of the other party goers place LAX players in the bathroom with the stripper. But that is highly unlikely, considering the high priced defense's denial there's was any contact at all between the stripper and the three accused.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#47)
    by azbballfan on Thu Jun 01, 2006 at 10:32:17 AM EST
    Slophoto and beenaround - sorry but your assertions about being able to analyze the integrity of the timestamps is wrong: 1) You presume that the defense allows the DA to analyze any electronic storage devices. The results of the search warrant searches clearly indicate that the players have removed all computers and electronic storage devices (save an iPod). 2) It is very easy to change timestamp data on pictures taken by cameraphones and cameras. Adobe Photoshop Home Edition 3.0 - it's a simple menu item. In fact, it allows you to adjust the time by a factor of minutes or hours. Until the original media devices can be analyzed by a crime lab, the timestamps are meaningless. Doesn't matter, because a standard USB cable allows someone to modify the original media. Besides, is anyone willing to bet whether or not the defense ever allows this? jk - Sorry, but I just can't put myself in the situation you ask me to. As I mentioned before, I quit a fraternity after they couldn't shield me from this type of boorish behavior. So trying to compare what I would do with those who attended the party doesn't make sense. Please note that it seems at least half the team decided not to stay around for the strippers.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#48)
    by sarcastic unnamed one on Thu Jun 01, 2006 at 10:32:25 AM EST
    It appears that some posters here do not have a very good grasp on how electronic data is "stored" in "memory," let alone how that data is "written" or "erased." It is not as simple as saying "this is box 4B, is there a "1" or a "0" in it?" as 7duke4 patiently explained last night, and as I carefully explained -- in part -- early this morning.
    SLO, people believe what they want to believe. I think those that cling to the belief that the data could be (was, perhaps?) changed w/o detection - and thereby that the defense attorneys drastically tampered with what could be some of the most important evidence of all - are similar to the OJ juror who, when interviewed after the trial, said something along the lines of "DNA evidence? That's just stuff they said to try to confuse us. I don't believe in that stuff." So, no matter how many experts testify as to how you can't tamper with the data w/o detection, there will be just as many who say you can, and it'll be up to the jury to decide who to believe. My guess is, once a jury is subjected to hours of stuff like "wear" and "data blocks" and "leveling," etc., there eyes will glaze over and they'll revert to whatever believe they had when they arrived that day. I guess that goes for the jury at the defense attorney's trial as well - you know, the one where they're accused of tampering with evidence.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#49)
    by Talkleft Visitor on Thu Jun 01, 2006 at 10:35:38 AM EST
    azbball: It is a real big stretch to think that a parent or girlfriend is going to break the trust of a player who does confide in them in order to get some attention from the press. It is an even bigger, dare I say ENORMOUS stretch to think that a parent of an "innocent" player would not have him on the first plane to RDU. I hope that I have raised my children well enough that neither of them would even THINK about not coming forward if they knew something about a brutal rape. The moral turpitude such an attitude would represent would be shocking, not to mention stupid beyond belief. As if I, or any other parent of an innocent player would allow him to protect the kind of monster who could do what the AV says was done. Not a chance in hell. BTW, Bob: I believe it is "soporofic," from Latin having to do with sleep. imho: Are they only covering up underage drinking, the indentities of the hurlers of racial slurs, and the gentleman who made the broomstick "joke?" The "gentleman" who made the broomstick reference was identified by the AV, and as far as I know, there are no possible criminal charges for making such a comment, so even if the other players have not publicly named him, his identity has absolutely NOTHING to do with the charges against the Duke Three.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#50)
    by Talkleft Visitor on Thu Jun 01, 2006 at 10:38:06 AM EST
    I don't understand this Linda Tripp stuff. She was not vilified because she ratted out a sexual perpetrator. She was vilified because she ratted out a DEMOCRATIC president. If Linda Tripp ratted out George W. Bush she would be the hero of the media classes today. Likewise, someone who rats out the Duke lacrosse men will be a hero or heroine--maybe not in conservative Texas but certainly in liberal lands and grad schools like Wisconsin, Berkeley, etc. Strange how some of the same enlightened people who vilify the wall of silence had so little good to say about the Linda Tripps of the world.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#51)
    by Talkleft Visitor on Thu Jun 01, 2006 at 10:43:21 AM EST
    Re: the photos and the timing thereof (sorry: in lawyer land right now) It will be interesting to see if any of the other devices seized by the police have photos on them and, if so, if there are any similarities in the time stamps and the material in the pics. And there is still the captures of the times shown on the wristwatch(es) in the photos we've already seen.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#52)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 10:45:15 AM EST
    SLOphoto posted:
    IMHO: We already went over this. Theoretically, "if" someone really knew what they were doing well enough to fool an electron microscope analysis, then yes, this is probably an accurate statement.
    The bottom line is an expert with better creditials than anyone that has posted here, so far, says it can be done without being detected. I think the defense has compromised the validity of their "photographic evidence" by not handing it over to the investigators.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#53)
    by sarcastic unnamed one on Thu Jun 01, 2006 at 10:53:43 AM EST
    ...although it does not make sense that if the AR's planned in advance to hire and rape some dancers/hookers and escape prosecution for their actions (ie., use fake names and mustache) that they would also take pics of the event. Unless, of course, they were machiavellian enough to know in advance that their prospective defense attorneys would be able to tamper undetectably with the time stamps...

    Re: Today's Duke Lacrosse Opinions (none / 0) (#54)
    by Talkleft Visitor on Thu Jun 01, 2006 at 10:59:34 AM EST
    The bottom line is an expert with better creditials than anyone that has posted here, so far, says it can be done without being detected.
    Definitely it can be done, but a qualified expert. But the question is whether anyone on the lacross team (or their legal staff) is an expert in bit-banging the underyling data structures of a flash memory device. And each device is different, so to believe the theory that it has been done, you have to believe that the person was an expert across multiple memory types. This is like asking can we put a man on the moon. Yes, it can be done. Can I do it, can you do it, or can someone on the lacross team do it? Nah.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#55)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:03:46 AM EST
    imho:
    The bottom line is an expert with better creditials than anyone that has posted here, so far, says it can be done without being detected. I think the defense has compromised the validity of their "photographic evidence" by not handing it over to the investigators.
    1. Perhaps it can be done, but did not the expert say it would take another expert to do so? If the times were fiddled with, who did it? The players? A photo/computer/digital camera expert hired by one or more of the players? Someone hired by a defense attorney or attorneys? 2. Didn't the defense offer to show Nifong the pictures? Could he not have, as soon as he learned there were pictures, have subpoenaed the owner of the device to show up and bring the device? Or maybe it's like the AV's cell phone. (And those other phones, the exact number of which seems to fluctuate depending upon which discovery document is examined.)

    Re: Today's Duke Lacrosse Opinions (none / 0) (#56)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 11:04:09 AM EST
    Kalidoggie posted:
    IMHO wrote: [that'll be a "laugher" saved for his future wedding toast]
    Kalidoggie posted:
    You have no clue what you are talking about and are so off-base with stereotypes and assumptions like this.
    I have not read one comment on this blog that stereotypes the AV/FA's family or community. Only yours about the ARs'. Why do you feel the need to do so?
    Just more satire, Kali. You enjoyed the last one so much. Why doesn't the gentleman that made that remark come forward and apologize so every member of the team need not be under suspicion of saying such a vile remark? Why don't his teammates encourage him and the gentleman that made the base comment about his "cotton shirt" to apologize? Membership has its privileges and its pitfalls.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#57)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:06:22 AM EST
    gmta, statistics 101

    Re: Today's Duke Lacrosse Opinions (none / 0) (#58)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 11:09:46 AM EST
    SharonInJax and statistics101, I never said I thought they have done it or that they are planning on doing it. This is what I did say: imho posted:
    The bottom line is an expert with better creditials than anyone that has posted here, so far, says it can be done without being detected. I think the defense has compromised the validity of their "photographic evidence" by not handing it over to the investigators.


    Re: Today's Duke Lacrosse Opinions (none / 0) (#59)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:10:28 AM EST
    I could be mistaken on this, but here it goes... If the defense wants to introduce the photographs as evidence (sans time stamps), they only need to produce the photographer who testifies that he did, in fact, take the pictures in question at the party in question. If, however, they wish to introduce the timestamps as accurate and critical, then I believe the phone itself (still assuming it was a camera phone) has to be introduced as evidence. The prosecutor is allowed to have experts examine the evidence (camera phone). Then he can assert that the timestamps are worthless. However, I imagine the defense has a chain of custody on the phone and its contents. Remember, it was mid-April (the 18th?) before the photos were released to the press. Their existance was widely reported for a couple of weeks before. I think the defense attorneys already had the camera (phone) examined by their own experts long before they released its contents.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#60)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 11:23:35 AM EST
    mik posted:
    However, I imagine the defense has a chain of custody on the phone and its contents. Remember, it was mid-April (the 18th?) before the photos were released to the press. Their existance was widely reported for a couple of weeks before. I think the defense attorneys already had the camera (phone) examined by their own experts long before they released its contents.
    REPEAT: I DO NOT THINK THEY DID THIS: They could have had an expert alter the data, THEN have another expert (oblivious to the first expert's tampering) verify the validity of the time stamps and sequence of the photos.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#61)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:25:43 AM EST
    Yup, they could, but the prosecutor gets to refute the evidence as worthless. Each side gets to present its opinion of the validity of the timestamps.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#62)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:37:56 AM EST
    imho posted:
    They could have had an expert alter the data, THEN have another expert (oblivious to the first expert's tampering) verify the validity of the time stamps and sequence of the photos.
    So, essentially, for Nifong's case to hold up, we have to assume in part that a host of the most prominent members of North Carolina bar "could have" chosen not simply to defend their clients--after all, they get paid whether they win or not--but to risk disbarment or worse. Moreover, we're to assume that they "could have" altered these time stamps knowing full well that Nifong possessed some photos of his own, seized from the house, that could easily expose any alteration of the timestamps. So, not only are they unethical and possibly criminal, but they're incredibly stupid. This scenario seems about as likely as the grand conspiracy between the cellphone company, the cabdriver, and Wachovia Bank to manufacture evidence that would provide Seliggman with an alibi.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#63)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:42:09 AM EST
    IMHO wrote:
    Just more satire, Kali. You enjoyed the last one so much.
    1. Significant Distinction: I made fun at a hypothetical, non-existent player's California mom to illustrate the absurdity of your stereotypes. You made fun (and continue to make fun) at the ARs's actual mother and family. 2. Stay on point. The issue was about stereotyping the ARs family, not the comments by players (your tactic of deflection). So, I ask again, given that no one else on this blog stereotypes or satires the AV/FA's family (and if they did I'm sure you or others would be apoplectic), why do you feel it is justified to do so to the ARs family? Not fighting, just curious why. 3. I enjoyed your request for the website link. That was funny. FYI- www.IMHO.net and www.inmyhumbleopinion.com are available should you decide to go the "California mom" route. I do think some of your comments are very funny, but I wonder if the more poignant ones are indicative of your true perspective.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#64)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:43:38 AM EST
    Yup, they could, but the prosecutor gets to refute the evidence as worthless. Each side gets to present its opinion of the validity of the timestamps
    Photos or time stamps don't conflict with her story. I don't think the photos were altered even though defense had enough time and resources to find an expert if theoretically it can be done. I believe they reviewed the photos and got rid of the ones that would hurt their defense which explains why there is not any photo of dancers between 12:03-12:30. That is one of the many oddities of the night that makes the AV's story more believable.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#65)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:47:08 AM EST
    imho says:
    The bottom line is an expert with better creditials than anyone that has posted here, so far, says it can be done without being detected. I think the defense has compromised the validity of their "photographic evidence" by not handing it over to the investigators.
    Hmmm, who was this expert, and why do you think that those of us who work on code in devices that do this sort of thing (writing to flash and so forth) are less expert at this than some guy who worked in the FBI or wherever and has most likely never worked on a product and so knows nothing about how they actually work at a deep level and how they can be compromised?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#66)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:47:57 AM EST
    Hicht wrote:
    I believe they reviewed the photos and got rid of the ones that would hurt their defense which explains why there is not any photo of dancers between 12:03-12:30.
    If they introduce the camera (phone) itself, they cannot disregard pictures that help the prosecution. He will have access to the phone and can use any evidence he finds on it.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#67)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:51:19 AM EST
    Hicht writes:
    Yup, they could, but the prosecutor gets to refute the evidence as worthless. Each side gets to present its opinion of the validity of the timestamps
    Photos or time stamps don't conflict with her story. I don't think the photos were altered even though defense had enough time and resources to find an expert if theoretically it can be done. I believe they reviewed the photos and got rid of the ones that would hurt their defense which explains why there is not any photo of dancers between 12:03-12:30. That is one of the many oddities of the night that makes the AV's story more believable.
    Getting rid of photos involves erasing them. There will be evidence of tampering in your scenario. Moreover, to tamper with the evidence without leaving traces on the flash devices will involve, IMO, opening the back up and doing things that will leave other traces ... like reboot/reset time stamps in the internal logs of the phone.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#68)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:51:40 AM EST
    If they introduce the camera (phone) itself, they cannot disregard pictures that help the prosecution. He will have access to the phone and can use any evidence he finds on it
    They can delete the unwanted photos before giving the camera or phone.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#69)
    by Talkleft Visitor on Thu Jun 01, 2006 at 11:56:28 AM EST
    There are experts here with better technical knowledge than I have. When you "erase" a file, you do not delete ALL of the information. You only modify the beginning of the file so that the device doesn't recognize it as a file. The majority of the information is still there. In old DOS, there was an UNDELETE command. It would troll for such files and you could select which one you wanted to restore. It would rewrite the beginning of the file so the device could "find" it again. Flash memory is much more sophisticated, but the procedure is similar. Just "erasing" doesn't really "erase."

    Re: Today's Duke Lacrosse Opinions (none / 0) (#70)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 11:58:48 AM EST
    beenaround posted:
    Hmmm, who was this expert, and why do you think that those of us who work on code in devices that do this sort of thing (writing to flash and so forth) are less expert at this than some guy who worked in the FBI or wherever and has most likely never worked on a product and so knows nothing about how they actually work at a deep level and how they can be compromised?
    Posted by inmyhumbleopinion June 1, 2006 08:13 AM Jerry Richards is a retired chief of the FBI's special photographic unit. During his 20 year career with the FBI he specialized in document and photographic examination. He has worked or testified in cases involving John Walker, Jerry Whitworth, Jonathan Pollard, Ronald Pelton, and Rick Ames, as well as the O.J. Simpson civil case, and the John F. Kennedy/Marilyn Monroe forgery case. Richards owns Richards' Forensic Services in Laurel, Md., which examines questioned documents and photographs. He is available for consultation and expert witness testimony

    Re: Today's Duke Lacrosse Opinions (none / 0) (#71)
    by Talkleft Visitor on Thu Jun 01, 2006 at 12:00:17 PM EST
    IMHO posted: The bottom line is an expert with better creditials than anyone that has posted here, so far, says it can be done without being detected.
    Yes, and he said that as a popular answer on a popular show for a popular audience. And in that sense his answer is true. As in, "Say Jerry, is the world flat or is it round." "Well, the experts agree that it is round." Actually, technically it's an oblate spheroid -- slightly egg shaped -- but "Jerry" isn't going to say that on a popular TV show. What was asked -- and what he answered -- was essentially, "Could a fairly talented crook fool an average "expert" working in a pretty good lab doing a standard set of tests on some typical pieces of evidence? And the popular answer to that popular question is "yes." It is not legitimate to read anything more sophisticated into his answer than that -- as several of the posters here with no small amount of expertise among themselves -- have explained in much more detailed specifics than Jerry Richards went into in his few minutes on as popular, prime-time TV show. And that is the bottom line. SUO: You are right, and I've decided simply not to reply to those posters who are in a technical discussion that is just way over their heads. statistics101: Exactly., thank you especially for the comment "you have to believe that the person was an expert across multiple memory types." And also for the example about the man on the moon. .... Nah. SharonInJax: Yes, #1, good questions. khartoum: Yes. That is a lot of assumptions.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#72)
    by Talkleft Visitor on Thu Jun 01, 2006 at 12:01:48 PM EST
    There are experts here with better technical knowledge than I have. When you "erase" a file, you do not delete ALL of the information. You only modify the beginning of the file so that the device doesn't recognize it as a file. The majority of the information is still there. In old DOS, there was an UNDELETE command. It would troll for such files and you could select which one you wanted to restore. It would rewrite the beginning of the file so the device could "find" it again. Flash memory is much more sophisticated, but the procedure is similar. Just "erasing" doesn't really "erase."
    So you are suggesting they are restorable. My cam doesn't have a undelete command neither cell phone. Is anyone knows any photos deleted from a cam or cell can be restored? and how?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#73)
    by Talkleft Visitor on Thu Jun 01, 2006 at 12:14:17 PM EST
    And if they deleted any pictures, they don't need to worry about being traced that they have deleted some pictures. They can easily claim they deleted pictures of for example a player peeing outside. And you would buy that explaination easily.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#74)
    by Talkleft Visitor on Thu Jun 01, 2006 at 12:15:27 PM EST
    Yes, they are restorable. It is information that has been stored digiatally. Just because you don't have a restore command or button doesn't mean it can't be done. An expert can look at the code and, in many cases, restore it. The FBI has become adept at restoring deleted computer files. Cameras, phones, etc. don't necessarily run on software compatable with PCs. Each manufacturer or vendor probably uses proprietary software. Someone who is experienced with the particular make and model (like the people who wrote the code or software that controls the device), however, can look at the data and can see things that could have been changed or deleted.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#75)
    by Talkleft Visitor on Thu Jun 01, 2006 at 12:18:11 PM EST
    And yes, they might even be able to see what the deleted picture contained (whether it was public urination or a rape). Picture files are HUGE. The entire file is not "gone." In fact, most of it is still "there." The device can no longer find it because part of the code has changed (usually the name).

    Re: Today's Duke Lacrosse Opinions (none / 0) (#76)
    by Talkleft Visitor on Thu Jun 01, 2006 at 12:21:36 PM EST
    An expert can look at the code and, in many cases, restore it.
    What about the other cases? You did't seem very confident in your statement. Because you are not expert of that specific tool that photo was taken. Me neither.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#77)
    by january on Thu Jun 01, 2006 at 12:24:46 PM EST
    For all you lovers of conspiracies out there....does anyone know of a case as high-profile as this one in which there was a conspiracy of 40+ people which remained consistent through the duration? I'm with Sharon on this one.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#78)
    by Talkleft Visitor on Thu Jun 01, 2006 at 12:25:47 PM EST
    You're right, I'm no expert. I also don't know the specific history of the device in question. However, I think it foolhardy to assert that defense attorneys can manipulate the evidence and not risk disbarment.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#79)
    by Talkleft Visitor on Thu Jun 01, 2006 at 12:29:52 PM EST
    However, I think it foolhardy to assert that defense attorneys can manipulate the evidence and not risk disbarment.
    Maybe one of the player deleted the photos even before the defense attorneys see it, or maybe the defense attorney with limited electronic knowledge deleted it without knowing the risk he is taking.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#80)
    by JK on Thu Jun 01, 2006 at 12:32:44 PM EST
    To the criminal lawyers out there, if Nifong wanted to, could he not have already subpoenaed the phones or any other devices used to take pictures that evening? If he genuinely believed there was tampering with the evidence, wouldn't he want to do a forensic analysis as soon as possible? After all, if he could adduce evidence of tampering with the data, that would go a long way towards showing that a crime was being covered up. I think the reason he hasn't seized these devices yet is because he doesn't believe there has been any tampering and he would rather try to vaguely discredit the time stamps with an "anything is possible" kind of expert analysis rather than actually try to see if any real tampering occurred. Just my opinion.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#81)
    by Talkleft Visitor on Thu Jun 01, 2006 at 12:39:29 PM EST
    jk posted:
    I think the reason he hasn't seized these devices yet is because he doesn't believe there has been any tampering and he would rather try to vaguely discredit the time stamps with an "anything is possible" kind of expert analysis rather than actually try to see if any real tampering occurred.
    I don't think he needs to discredit the existing photos. I still question the non-existance of photos of dancers between 12:03-12:30. That is weird.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#82)
    by JK on Thu Jun 01, 2006 at 12:43:41 PM EST
    Hicht, If you were Nifong, why wouldn't you be examining those devices to (a) see if there is evidence of deletions during that time period and (b) to see if those images could be restored?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#83)
    by Jo on Thu Jun 01, 2006 at 12:44:52 PM EST
    I don't think anyone could reasonably argue that deleted pictures are the same as tampering. I have a digital camera, I often have to take the same picture several times and then delete the bad ones. The deleted ones being the ones out of focus, or off-center, missed the subject entirely, person wasn't smiling, too much glare, etc..

    Re: Today's Duke Lacrosse Opinions (none / 0) (#84)
    by JK on Thu Jun 01, 2006 at 12:53:05 PM EST
    Jo, Deletions are not the same as tampering. But even deletions should leave a trace. If Nifong can show deletions, particularly if he can show deletions during the relevant time window, that is highly probative evidence. Without any such evidence, I don't think the window means a heck of lot, except that it provides the basis for a lot of far-fetched speculation.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#85)
    by sarcastic unnamed one on Thu Jun 01, 2006 at 12:57:32 PM EST
    If Nifong can show deletions, particularly if he can show deletions during the relevant time window, that is highly probative evidence.
    Of what?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#86)
    by JK on Thu Jun 01, 2006 at 01:06:12 PM EST
    SUO, It depends. I would have to cross-examine the person who owned or had custody of the camera. First, ask if he deleted any images from that evening. If he says he did not, and the forensic evidence suggests otherwise, that suggests he is lying. If he says, I deleted lots of images, all the "boring" pictures, or a few images came out as bad shots, or maybe I deleted few accidentally, those possibilities would have to be explored further. If there was, for example, a pattern of several deleted images during the time window discussed above, and no other deletions for that evening, I think that is strong evidence that something is being hidden. If there is a pattern of sporadic deletions throughout the evening, less probative, but still undermines my confidence in the defense's presentation of evidence and makes me think there may be cherry-picking.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#87)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:07:11 PM EST
    If Nifong can show deletions, particularly if he can show deletions during the relevant time window, that is highly probative evidence.
    Of what?
    That is what I meant when I said they don't need to worry about being traced if they deleted the photos. People are ready to buy their explanation of deleting something else. No dancer photos between 12:03-12:30 will stay as a strange mystery.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#88)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:09:34 PM EST
    Anyone remember if it was ever said that those were "all" of the pictures from that one device? Of if those were the only photos? I do not. If, for example, there were 6 photos of miscellaneous partyers, no watch evident on any of them, no pic of either dancer (if, for example, the dancers were in the bathroom during that time), what value would they have? I suppose the defense would have answered my question by making a statement about other pics or providing them. But I do not remember anyone saying "Here are all of the photos taken from one device at the party."

    Re: Today's Duke Lacrosse Opinions (none / 0) (#89)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:13:32 PM EST
    jk,
    If you were Nifong, why wouldn't you be examining those devices to (a) see if there is evidence of deletions during that time period and (b) to see if those images could be restored
    I would. Are you sure he didn't or won't do it.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#91)
    by JK on Thu Jun 01, 2006 at 01:19:10 PM EST
    Hicht, I am not sure he hasn't and I expect that he eventually will have to. I believe that some here have stated that he has not yet collected those devices - perhaps I am incorrect or perhaps they are incorrect. I do know that I would have taken this step immediately (and probably publicly) as soon as the defense started floating photos.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#92)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:21:35 PM EST
    mik says:
    Yes, they are restorable. It is information that has been stored digiatally. Just because you don't have a restore command or button doesn't mean it can't be done. An expert can look at the code and, in many cases, restore it. The FBI has become adept at restoring deleted computer files.
    For the same reasons mentioned above, that is correct. All the blocks are still available until they have been reused. A forensics expert who knows the equipment will be able to put the data back together, including the meta-data. Of course, once the blocks have been recycled, then the picture changes (pun intended). Nifong should have got subpoenas for all phones present that night.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#93)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:22:47 PM EST
    jk: I'm not a criminal attorney, but I believe, yes: the DA could have (for example when he had the judge compel all the white players at the police station to provide the DNA and have their pictures taken without their shirts) served a subpoena duces tecum on every one of the players. That type of subpoena is what is used when someone is compelled to appear and bring with them tangible items. "Show up at this place, and bring with you . . . " It is often used in civil cases, but I believe it can be, and has been, used in criminal proceedings. Or Nifong could have gotten very narrowly drawn search warrants, looking, early on,only for such items. I am still amazed that although the AV identified Seligman and Finnerty, back on April 4th, that he did not have their dorm room searched until two weeks later, after they were indicted.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#94)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:29:14 PM EST
    Sharon:
    I am still amazed that although the AV identified Seligman and Finnerty, back on April 4th, that he did not have their dorm room searched until two weeks later, after they were indicted.
    Hey, give the guy a break. It's not fair to expect him to have thought of everything when he had an election and all those press interviews to worry about.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#95)
    by Bob In Pacifica on Thu Jun 01, 2006 at 01:34:31 PM EST
    Stop it, az! Now I know I'm going to have a nightmare about hiring a stripper for my party and Linda Tripp shows up at the door.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#96)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:40:34 PM EST
    True, Cymro. And despite knowing the location of the alleged rape, they didn't even search the house until a couple days later. Surely they could have gotten a judge to sign off on a warrant that day for the house, even if they didn't know the details.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#97)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:41:38 PM EST
    Bob: or you call for two, and it's Linda and Kim.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#98)
    by Talkleft Visitor on Thu Jun 01, 2006 at 01:50:17 PM EST
    Sharon, You realize that all these slow actions of investigators helped accused, not accuser.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#99)
    by cpinva on Thu Jun 01, 2006 at 02:00:04 PM EST
    Jerry Richards is a retired chief of the FBI's special photographic unit. During his 20 year career with the FBI he specialized in document and photographic examination. He has worked or testified in cases involving John Walker, Jerry
    Whitworth, Jonathan Pollard, Ronald Pelton, and Rick Ames, as well as the O.J. Simpson civil case, and the John F. Kennedy/Marilyn Monroe forgery case. Richards owns Richards' Forensic Services in Laurel, Md., which examines questioned documents and photographs. He is available for consultation and expert witness testimony.
    none of which involved the use of digital cameras, which use an entirely different technology for both taking pictures, and date/time stamping them. i'm waiting to be impressed.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#100)
    by Talkleft Visitor on Thu Jun 01, 2006 at 02:05:47 PM EST
    Completely, Hicht. They go to the extraordinary measure of compelling DNA samples from the group, but don't follow ordinary, it seems to me, procedure on other things.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#101)
    by Talkleft Visitor on Thu Jun 01, 2006 at 02:12:49 PM EST
    cpinva: I had that thought, too, that knowing if a non-digital image had been doctored might not equate to knowing (or how easy it would be to detect) that a digital/computer one.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#102)
    by azbballfan on Thu Jun 01, 2006 at 02:20:11 PM EST
    Bob, thank you - your shared visual made me laugh out loud for a good minute. The reference to the famouslynottobenamed one was to point out that manytimes, the messenger of enlightenment is the one who gets shot. Roger - please note that the charged players' parents are quite influential (two higer up wall streeters and a 'family close to the Bushes'). Certainly the son of the President of the LPGA understands the importance of keeping socially controversial sexual activity quiet. Sharon:
    I hope that I have raised my children well enough that neither of them would even THINK about not coming forward if they knew something about a brutal rape. The moral turpitude such an attitude would represent would be shocking, not to mention stupid beyond belief. As if I, or any other parent of an innocent player would allow him to protect the kind of monster who could do what the AV says was done.
    You are projecting your own personal mores on all parents. You maintain that keeping quiet about knowledge of rape is moral terpitude. For you, it is. For others, it isn't. You also have to know when to pick your battles. You previously posted that you could see your son possibly finding himself at a similar party. I assume you've never actually seen what goes on at these parties, but keep in mind that the boys were upset that the girls didn't bring toys for a live sex show. I suspect you wouldn't want to visualize your son at this party so I suspect he would have been one of the 20+ other lacrosse players who didn't stick around (what you don't know, can't hurt you).

    Re: Today's Duke Lacrosse Opinions (none / 0) (#103)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 02:25:40 PM EST
    Kalidoggie posted:
    1. Significant Distinction: I made fun at a hypothetical, non-existent player's California mom to illustrate the absurdity of your stereotypes. You made fun (and continue to make fun) at the ARs's actual mother and family.
    My "there, there, Honey" JOKE was not directed at any of the players, it was directed at the poster who was marveling that none of the 40+ players had cracked. I wasn't even referring to any of the three indicted players, they have been put under pressure. I was thinking about any one of the players that, most likely, don't know anything about an assault that may or may not have even happened that night. It was satire - the opposite of receiving "the naked lightbulb treatment." I wasn't meant to be mean-spirited. Kalidoggie posted:
    2. Stay on point. The issue was about stereotyping the ARs family, not the comments by players (your tactic of deflection).
    My latest JOKE was not a sterotype. It was not directed at any of the indicted players. It was about the nameless player who made the stick this "up your asses" remark and the nameless players that laughed along with him. Is this different from you saying "Kim is dirt" for exploiting the accuser and the players for money? Aren't the players paying money to exploit Kim and the accuser? I don't mean by hiring them to "dance" I mean by hiring them to "dance' and then treating them like dirt. Kalidoggie posted:
    So, I ask again, given that no one else on this blog stereotypes or satires the AV/FA's family (and if they did I'm sure you or others would be apoplectic), why do you feel it is justified to do so to the ARs family?
    I haven't seen you ask wumhenry or Bob in Pacifica to justify the repugnant things they have said about strippers/escorts/hookers and more specifically about the accuser and Kim. If you are holding me to a higher standard than other posters on this board, I'll take that as a compliment. Kalidoggie posted:
    Not fighting, just curious why.
    I have noticed a kinder, gentler Kali has been posting here, I'll try to follow suit. Kalidoggie posted:
    I do think some of your comments are very funny, but I wonder if the more poignant ones are indicative of your true perspective.
    Kali, Poignant can mean cutting and it can mean touching. I'm often surprised when you are sensitive to a particular comment. You've admitted your bias and have shared the reason for your perspective. I respect that. I'm not comfortable sharing the reason for my perspective. I hope you can respect that.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#104)
    by Talkleft Visitor on Thu Jun 01, 2006 at 02:26:25 PM EST
    Posted by cpinva: Jerry Richards is a retired chief of the FBI's special photographic unit. During his 20 year career with the FBI he specialized in ............ none of which involved the use of digital cameras, which use an entirely different technology for both taking pictures, and date/time stamping them. i'm waiting to be impressed.
    Me too. Thank you, cpinva, for pointing out that the term "expert" is not always a blanket description for everything it is alleged to cover.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#105)
    by Talkleft Visitor on Thu Jun 01, 2006 at 02:39:43 PM EST
    Hicht, You wrote:
    You realize that all these slow actions of investigators helped accused, not accuser.
    I don't really understand that. Whie I agree that the earlier the investigators investigate, the better their chances for determining the truth, I'm don't have nearly the hubris required to imagine that the truth couldn't as likely benefit the players as the accuser.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#106)
    by sarcastic unnamed one on Thu Jun 01, 2006 at 02:40:12 PM EST
    Richards might know something, but then again, he might not. A quick google got:
    Richards earned a bachelor's degree in photography from SIUC in 1966, and a master's degree in education from SIUC in 1967. For 23 years until his retirement in 1993 Richards was a special agent with the FBI. He specialized in document and photographic examination, and espionage tradecraft. In 1991, Richards received the National Intelligence Medal of Achievement from the National Foreign Intelligence Community for meritorious conduct in the performance of outstanding service by a member of the intelligence community.
    High profile cases that Richards worked or testified in include espionage cases involving John Walker, Jerry Whitworth, Jonathan Pollard, Ronald Pelton, and Rick Ames, in addition to the O.J. Simpson civil case, and the John F. Kennedy/Marilyn Monroe forgery case. Richards currently owns Richards' Forensic Services in Laurel, Md., which examines questioned documents and photographs.
    Doesn't specifically say he works on digital photography, but who knows?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#107)
    by Talkleft Visitor on Thu Jun 01, 2006 at 02:41:35 PM EST
    Perhaps, az: it still unsettles me, a bit, to find Playboy's in his room. And, my goodness that boy must have awfully dry skin, considering how much lotion he goes through. I would like to think that he, and the way I've raised him, is more the rule than the exception, though.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#108)
    by Talkleft Visitor on Thu Jun 01, 2006 at 02:48:53 PM EST
    Cpinva, In response to my:
    Has anybody publicly claimed that the three defendants were not in the bathroom with the accused that evening?
    You wrote:
    PB, you have it backwards, the accused need prove nothing, it is the burden of the state to prove the substance of any allegations.
    I was talking about if they want to appear credible, not if they want to get off. It's all very nice to go for a "not guilty" verdict, but it's kind of a low standard, particular for people who go to Duke. You wrote:
    you seem to do that a lot.
    That surprises me, since I'm not in the least bit confused about the difference. I've spent quite a bit of time articulating it here.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#109)
    by Bob In Pacifica on Thu Jun 01, 2006 at 02:49:38 PM EST
    Since Nifong has shown no interest in photographs not in his possession, or apparently for data on the phones in his possession for that matter, I'm guessing that he'll have trouble at trial challenging the veracity of the time-stamps on the fly. When does the defense say in court what it plans to present as evidence, and how far can Nifong go to have it kept out of trial?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#110)
    by Talkleft Visitor on Thu Jun 01, 2006 at 02:52:17 PM EST
    PB, you wrote: I don't really understand that. Whie
    I agree that the earlier the investigators investigate, the better their chances for determining the truth, I'm don't have nearly the hubris required to imagine that the truth couldn't as likely benefit the players as the accuser.
    If a crime occured it is possible they might have missed some of the evidence by being late. If a crime didn't occur there wouldn't be any evidence to miss anyways.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#111)
    by Bob In Pacifica on Thu Jun 01, 2006 at 02:55:58 PM EST
    I think I asked once how everyone thinks all of this will end. A trial and acquittal, convictions? The judge dismissing charges? Nifong dropping charges? Everyone's got an opinion. I'm guessing the AV has some kind of traumatic event, is hospitalized for something, and the case ends there. Nifong says something like, We couldn't proceed with a tough case like this without the the AV being able to face the stress of a trial. Everyone goes home. Evans and Finnerty take their places on Wall Street. Seligmann joins the Peace Corps and works for the betterment of mankind in the jungles of the Amazon. Does the Peace Corps still exist?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#112)
    by Talkleft Visitor on Thu Jun 01, 2006 at 03:02:52 PM EST
    IMHO wrote:
    I haven't seen you ask wumhenry or Bob in Pacifica to justify the repugnant things they have said about strippers/escorts/hookers and more specifically about the accuser and Kim.
    I see the families on both sides as being involed unwittingly, so kind of out of bounds, unless they place themselves into play. unwitting participants, while those directly involved on both sides opened the door, but I see your point.
    I have noticed a kinder, gentler Kali has been posting here, I'll try to follow suit.
    No more sleep deprivation.
    You've admitted your bias and have shared the reason for your perspective. I respect that. I'm not comfortable sharing the reason for my perspective. I hope you can respect that.
    I respect those who respect me.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#113)
    by Talkleft Visitor on Thu Jun 01, 2006 at 03:03:43 PM EST
    SloPhoto,
    It's a simple matter to make the original timestamp data unrecoverable. You just press erase and then fill the memory with other data. This may well have happened already to the best of the photos.
    You wrote:
    PB: In a word, "no."
    Are you claiming that you can recover photographs even after the specific location where the information has been stored has been over-written, or are you simply pointing out that each time information is sent to memory it may be laid down in a different location. If the former, I'd like to see an example of that type of work. If the latter, I'm well aware of that, which is why I required that the memory be "filled with other data."

    Re: Today's Duke Lacrosse Opinions (none / 0) (#114)
    by Talkleft Visitor on Thu Jun 01, 2006 at 03:08:19 PM EST
    Hicht, You wrote:
    If a crime occured it is possible they might have missed some of the evidence by being late. If a crime didn't occur there wouldn't be any evidence to miss anyways.
    If a crime did not occur, evidence that it did not occur might be missed by being late. All sorts of proofs of the players innocence could have been lost through delay.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#115)
    by Talkleft Visitor on Thu Jun 01, 2006 at 03:19:48 PM EST
    Bob in Pacifica, You wrote:
    How about someone who is worrying about alteration of the timestamps propose a theory as to how manipulating the time would help the defense.
    Interpreting the time stamp data in a way most prejudicial to the defense could effectively close down the window within which the rape could have occurred. If Seligman can be shown to be calling his girlfriend at 12:07, and the dance doesn't get interrupted by a broom comment until 12:04, that doesn't leave enough time for the rape to have occurred. But if the dancers returned to the house when Bissey claims, as early as five of twelve, Seligman has 12 minutes of free time to account for. If the photographs of the broom incident were taken at 11:55, and the next set weren't taken until 12:20 (about the time Bissey claims the women came outside in a somewhat crowded driveway) that leaves 25 minutes for the rape... not so far from the thirty minute estimate given in the search warrant. The time stamp numbers don't have to be fraudulent. Just wrong. None of us has seen the process by which they were generated. All we know for certain is that the photos published on the web are doctored.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#116)
    by Talkleft Visitor on Thu Jun 01, 2006 at 03:22:38 PM EST
    Kali -
    Racism is a vicious circle. Any response to a claim of racism in and of itself is going to be viewed as a reverse racism.
    That just isn't true. It can be, if nobody really defines what racism is and the cause of the particular brand of racism or if the person is being deliberately difficult, but it is not a default case.
    We know where the starting point of racism is in the US. Where is the ending point? How do we stop it as a society? Or do we just keep complaining about it and say things like, "they got what they asked for....even if she is lying".
    ...And here we have it, what does the other guy do in his equally obnoxious and obscure article (seriously, these were probably the most obscure takes on this you could find on the internet. What gives?)? Apparently, the same thing bemoaning: "liberals wanted it to be...", "if the players were white he wouldn't...", "poor white males can't get a break". So, he hates it but he participates in it. Hence my mention of conservative preference-victimization. Does he really hate it, or does she just hate it when he doesn't benefit from it.
    This comment is not racial progress, but digression. No one who truly wants racial progress should stand behind this comment. I view this comment as derogatory to the black community, as in: if you sleep with a dog, you'll get fleas type attitude. If we, as a society want progress, all sides need to condemn wrongful statements and acts, and stop being self serving and selective with criticism at a political and racial levels.
    But if that "progress" is sitting and pointing out that racism is basically a mutating social problem, then that is compliant and disingenuous at best and excusing it at worst. I'm not saying that is what you're doing as clearly you are just giving your perspective on the issue as a whole, but that is just my feelings on it. We can start by wording comprehensively and critically thinking first the situation we are criticizing and then our own criticisms instead of engaging in reactionary stone-throwing. Somebody has to break the cycle, but it sure isn't going to start by saying, "well, everybody else in school is doing it". As for the "brought it on themselves" argument, if he is referring to the ramifications of rape accusations if they are false accusations, h*ll yes I disagree. It doesn't work for people who think it is the woman's fault for dressing/behaving "provocatively" and it won't work the other way (though to people who believe a woman is responsible for a man's behavior, I do think they have no ground in arguing against the other). If he means - or just in general as this is how I feel - the reaction, criticism, and chastising they get because of their non-accordance-to-school-rules behavior, non-parent friendly behavior, their disregard for their neighbors, their racist and sexist and demeaning comments, their devaluing of the women/woman because she is "just a stripper"? Yes, that is aaaall them.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#117)
    by Talkleft Visitor on Thu Jun 01, 2006 at 03:31:15 PM EST
    PB: You've written a few times that Bissey indicates the women could have returned as early as 11:55. Where have you seen that reported? What I've seen is that they returned between 12:15 and 12:20.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#118)
    by azbballfan on Thu Jun 01, 2006 at 03:33:02 PM EST
    Sharon, Thanks for the second laugh out loud moment of the day.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#119)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 03:50:35 PM EST
    'The Abrams Report' for April 27
    JERRY RICHARDS, RET. CHIEF OF FBI'S SPECIAL PHOTOGRAPHIC UNIT: Well first of all, they would have to get the original disk or chip. If they're getting copies of it, it may not be possible to tell. And in some cases you would need some sophisticated software to make that determination. If the alterations were done well it would be very difficult if not impossible to tell.
    ABRAMS: All right. So, if the--let's assume for a minute that you have the original, all right. Let's assume you were able--can you authenticate that it's an original disk or chip?
    RICHARDS: I'd say in most cases yes.
    ABRAMS: OK.
    RICHARDS: Not in all.
    ABRAMS: Let's assume--all right--let's assume for a minute then that you can authenticate that it's the original disk or chip. Can you then, once you have that in your hand, if you were given that, would you be able to tell if someone had moved the order of the photos?
    RICHARDS: In all probability, yes. Now when I said original chip, when we get--talk about it, you may not be able to tell that that is the chip that the image was originally put on if it is an exact copy. But if they have been manipulated or changed around and the people who did that were not fairly sophisticated you should be able to tell, yes.
    ABRAMS: And if they were sophisticated?
    RICHARDS: You may not be able to. If the software that they are using has the ability to go into it right down to the machine code language, bits and bytes, so to speak and they knew exactly what they were doing, they possibly could manipulate it so you couldn't really make that determination.
    ABRAMS: What about with regard to time codes? I mean of course anyone can set their camera or their cell phone to say a particular time. What about changing the time code, again, from that original disk? Same rules apply as you just laid them out?
    RICHARDS: Yes, basically. If they have access to the metadata and have the software to manipulate the metadata, they can change that.
    ABRAMS: So--just so we understand, you're saying possible, hard to do, likely you would be able to tell, likely an expert would be able to tell but not 100 percent certain.
    RICHARDS: Yes, if the average person does it you're probably going to be able to tell. If it is an expert who's doing it, somebody who really understands the process and understands the system that it was done on--remember many of these systems are different...
    ABRAMS: Right.
    RICHARDS: ... then they--then it might be able--they may be able to...
    ABRAMS: All right.
    RICHARDS: ... do it to the point where we can't tell.
    [It's not as obvious in the transcript, but Abrams tries to cut him off...I saw the video of this exchange, Abrams was very unhappy with Richards' answer.]

    Re: Today's Duke Lacrosse Opinions (none / 0) (#121)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 04:10:44 PM EST
    Re: Today's Duke Lacrosse Opinions (none / 0) (#122)
    by Talkleft Visitor on Thu Jun 01, 2006 at 04:11:26 PM EST
    Thank you IMHO. I had not seen the transcript, but now that I do, Jerry Richards has made my point in the first of the two assertions I made. "IF" If an expert of that level of skill... But that "if" as described by Richards -- I don't know if you comprehend the enormity of the "if" -- is almost beyond comprehension. RICHARDS: If the software that they are using has the ability to go into it right down to the machine code language, bits and bytes, so to speak and they knew exactly what they were doing, they possibly could manipulate it so you couldn't really make that determination. RICHARDS: ... then they--then it might be able--they may be able to... If ... might be able to. Thank you, I rest my case. See my following post I wrote for PB describing the 35-pass random overwrite that is standard with my Mac OS X operating system.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#123)
    by Talkleft Visitor on Thu Jun 01, 2006 at 04:13:21 PM EST
    Re: Can overwritten photographs be recovered? Yes.
    PB: Are you claiming that you can recover photographs even after the specific location where the information has been stored has been over-written, or are you simply pointing out that each time information is sent to memory it may be laid down in a different location. If the former, I'd like to see an example of that type of work.
    Both. The second is obvious in that only the address of the information file is converted to a non-address. Yes, the former is also possible even though the file is overwritten with new data -- even completely overwritten, several times. Depending on the type of memory involved, there file-recovery programs which work on several factors. Some of this has to do with the fact that the exact spot where the overwrite takes place does not correspond microscopically to the exact spot where the old information was written. Other aspects have to do with multiple logs, pointers, internal mapping grids and so forth that are recorded each time a change takes place, and in many cases -- most cases -- can be traced by working backwards through the history of the changes. Another aspect has to do with the way that each piece of software records the information in the first place, and how it changes that information. That is done with mathematical and logical formulas which can be computed in reverse. The FBI has made some very serious advances into this sort of technology, and yes, it is not only possible to recover information and photographs that have been completely overwritten, it is getting easier to do so with programs commercially available. To prevent that, on my Macintosh, for example there are several built in write-over levels that come standard with the operating system. If I want to sell my computer I can chose a 7-pass random overwrite which is considered enough for non-sensitive data. There is also a 35-pass random overwrite that is considered about an FBI level overwrite for things like highly sensitive trade secrets. (It is time consuming, however, as a 35-pass random overwrite on 500 GB HD would take about 15 hours to run.) Which is to say the FBI might have the technology to recover the file, and it might or might not work after a 35-pass random overwrite, but the software would not be available commercially -- yet. If you are interested, you can search for articles and software under "computer security" and "data recovery" topics.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#124)
    by Talkleft Visitor on Thu Jun 01, 2006 at 04:26:15 PM EST
    Fillintheblanks, You wrote:
    You've written a few times that Bissey indicates the women could have returned as early as 11:55. Where have you seen that reported? What I've seen is that they returned between 12:15 and 12:20.
    Bissey said this to Rita Cosby, describing what he saw before going in for his shower:
    I noticed a car drive up and two young women get out, met with the gentleman and then walked back to the back of the house. Two young women, one of them dressed in a short skirt and high heels, and the other woman was dressed a little more conservatively spoke with the gentleman outside of this door here briefly, and then at this point, all of the young men were inside. They spoke amongst themselves for about five minutes or so and then entered the house.
    The News and Observer has it thus:
    11:50 p.m.: Bissey, on his porch, notices two women walk to the back of the house, where a man greets them.
    Midnight:
    Bissey sees the two women go into the house.
    Comment: Bissey didn't actually see the car drive up and the two women get out, since that never happened. The women arrived separately. Kim arrived at 11:00, which is when the dance was supposed to start. The accuser arrived at 11:30. The dance would have started shortly thereafter. I don't know how the News and Observer got their times, but I think they culled them from Bissey's police report. I haven't heard Bissey on this directly. But I figure that if the 11:50 time is correct, and he watched them in the alley for five minutes, they could have been in the house by as early as 11:55. Just trying to figure out what Nifong might mean when he says "They don't know my timeline." Notice that the search warrant conforms more closely to this sighting of Bissey's than to either of the two other sightings. When Bissey says Kim is dressed more conservatively than the second dancer, that doesn't suggest jeans to me. She had already changed and danced, no?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#125)
    by sarcastic unnamed one on Thu Jun 01, 2006 at 04:26:18 PM EST
    Yet trying to determine the integrity of a photo may be missing the point, says Gerald Richards, a retired chief of the FBI's Special Photographic Unit. "Since the advent of photography, we have never been able to say a photograph is genuine," he says. "The only thing you can say with certainty is that it is not genuine." "What makes it reliable," he says, "is the photographer who comes in and raises his hand and says, 'Yes, I took this picture and it is a true and accurate representation.' "
    (Related to his involvement with the picture of the shoes in the OJ trial.) He also was quoted several times w/respect to the Bush/Texas Air Nat'l Guard/Killian imbroglio. It does sound like he's a recognized expert for silver-halide film photography and documents/typewriters. I couldn't find anything to suggest he is, or is not, as savvy about digital matters as, say, SLO or any of the other tech posters here, although it would make sense that he would attempt, anyway, to be so.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#126)
    by Talkleft Visitor on Thu Jun 01, 2006 at 04:33:55 PM EST
    SloPhoto, You wrote:
    Yes, the former is also possible even though the file is overwritten with new data -- even completely overwritten, several times.
    Thank you for that description. Very clear.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#127)
    by Talkleft Visitor on Thu Jun 01, 2006 at 05:17:18 PM EST
    PB: I work from this timeline, where it says AV arrived between 11:30 and 11:45. Her father (bless his soul) said she called him upon reaching her destination during his late night TV show. If we take his word, then she arrived absolutely no earlier than 11:30 and perhaps a few minutes past 11:30. Then the timeline goes on with the rest of Bissey's story. Have a look. Further on, Bissey says one or both of the women returned to the house between 12:15 and 12:20. As far as his comment about Kim being more conservatively dressed goes, that may just be Bissey's manner of speaking. Jeans and a low-cut top perhaps? I'm sure his concentration was directed at the AV's outfit. And all he remembered about Kim's was that it was less of an eye-full. So this timeline may be Nifong's timeline. After all, the defense has stated the women were in the bathroom from 12:04 until 12:30. Nifong's timeline may be the one referenced here, which agrees with the AV's statement about returning to the house, which the defense has not mentioned. It seems true-to-life that the AV, upon arrival, may have gotten into Kim's car for a short while to discuss their immediate future. Then they got out of the car together, which matches Bissey's statement. All of this, to me, makes it very likely that they walked to the back of the house for the first time at 11:50.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#128)
    by Bob In Pacifica on Thu Jun 01, 2006 at 05:22:27 PM EST
    fillintheblanks, Nice try. You may even be right. The timeline has been driving me crazy. But I got the impression that Roberts arrived and was in the party for a half-hour before the AV showed up. At least that's the impression I got from the search warrant.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#129)
    by Talkleft Visitor on Thu Jun 01, 2006 at 05:42:47 PM EST
    sarcastic unnamed one said:
    So, no matter how many experts testify as to how you can't tamper with the data w/o detection, there will be just as many who say you can, and it'll be up to the jury to decide who to believe. My guess is, once a jury is subjected to hours of stuff like "wear" and "data blocks" and "leveling," etc., there eyes will glaze over and they'll revert to whatever believe they had when they arrived that day.
    I would agree with you about the eyes glazing over, but I actually had to testify on a mainframe computer case and was pointing out parts of the machine on a life-size mockup to a jury. I turned around and they were all leaning forward with rapt attention! They really wanted to know how this thing worked (my client won the case). Wow, a few hours to sleep and work and so much happens. Thanks to everyone who followed up on my time-stamp analysis. Excellent comments. I do want to reiterate that I referred to the memory in the camera, not the downloaded files on the PC. The camera's memory is hard to update without a trace. The computer's disk drive is easier, although it works the same way. However, when you take pics, they are stored as A, B, C, but if you modify A normally, the storage contains old A (not accessable, eligible to erase), old B (accessable), C (accessible), then new A (accessable). When you erase, it's not gone, the pointers are just moved. That location can be overwritten later for new pics. Until the overwrite, the location still has the old pic. Updating in place, making sure all of the formatting conventions are preserved and assuming there's room, is very hard. It is doable, but very time consuming (I'd say weeks to months), and the pics still need to flow logically. Also, if you were rearranging the pics in a new timestamp order in the camera memory, that would be extremely difficult - that becomes mass movement of data. I looked for utilities to do this for my camera (and I know the hacker sites), but no go. Finally, if there were multiple cameras, syncing them up becomes prohibitively difficult. And if the police confiscated any, how could they be sure they synced up to those?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#130)
    by Talkleft Visitor on Thu Jun 01, 2006 at 06:00:04 PM EST
    Bob in P, The search warrant states, "The victim arrived at the residence and joined the other female dancer." This is a generic comment. It could mean they joined up in the house or on the street. If I were Kim, I would have waited for backup before entering that residence, after seeing my audience.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#131)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 06:12:13 PM EST
    SLOphoto posted:
    But that "if" as described by Richards -- I don't know if you comprehend the enormity of the "if" -- is almost beyond comprehension.
    Jerry Richards:
    If the alterations were done well it would be very difficult if not impossible to tell.
    I took this to mean if someone altered the data it may be impossible to determine they did, therefore it can not be stated, positively, that the data has not been altered.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#132)
    by Talkleft Visitor on Thu Jun 01, 2006 at 06:26:36 PM EST
    imho says: Jerry Richards:
    If the alterations were done well it would be very difficult if not impossible to tell.
    I took this to mean if someone altered the data it may be impossible to determine they did, therefore it can not be stated, positively, that the data has not been altered. The problem is that without the ability to separate the flash memory chips from the phone, or a detailed knowledge of the phone's software, to do it that well will be impossible. Indeed, the phone's software might not let you write blocks where you want without putting your own software on the phone. The device I am working on provides no way for anyone to write to where they want to in the flash memory. I have to use an ICE or Hardware Probe to do that.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#133)
    by Talkleft Visitor on Thu Jun 01, 2006 at 06:29:46 PM EST
    imho says:
    Jerry Richards:
    If the alterations were done well it would be very difficult if not impossible to tell.
    I took this to mean if someone altered the data it may be impossible to determine they did, therefore it can not be stated, positively, that the data has not been altered.
    The problem is that without the ability to separate the flash memory chips from the phone, or a detailed knowledge of the phone's software, to do it that well will be impossible. Indeed, the phone's software might not let you write blocks where you want without putting your own software on the phone. The device I am working on provides no way for anyone to write to where they want to in the flash memory. I have to use an ICE or Hardware Probe to do that. (I tried not to screw it up this time)

    Re: Today's Duke Lacrosse Opinions (none / 0) (#134)
    by Talkleft Visitor on Thu Jun 01, 2006 at 06:40:49 PM EST
    From the transcript imho provided:
    RICHARDS: You may not be able to. If the software that they are using has the ability to go into it right down to the machine code language, bits and bytes, so to speak and they knew exactly what they were doing, they possibly could manipulate it so you couldn't really make that determination.
    Ahhh, so that is what he actually said, or something close. In can agree with what he said, but it will take some pretty good tools to do that, and as someone else commented, will take a while, as you will have to lay the file system image out elsewhere first and then overwrite the whole flash. SLOphoto says:
    There is also a 35-pass random overwrite that is considered about an FBI level overwrite for things like highly sensitive trade secrets.
    This is for magnetic media where there is the possibility of some portions of previous magnetizations to hang around. With sensitive enough equipment your can separate out earlier signals. With flash, when you erase, all the bits get set back to one, and then you get to flip those that have to be zero to zero.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#135)
    by Talkleft Visitor on Thu Jun 01, 2006 at 06:42:26 PM EST
    Jerry Richards: If the alterations were done well it would be very difficult if not impossible to tell.
    I took this to mean if someone altered the data it may be impossible to determine they did, therefore it can not be stated, positively, that the data has not been altered.
    If the date was altered perfectly, yes, impossible to detect. Altering perfectly with no trace, exceedingly difficult. Ignore any photos you downloaded to your computer - they are copies, not originals. Not admissable, anyway. The original is in the camera memory. Suppose I wanted to modify that memory to move a photo (let's say, getting out of a car) to the end (say, getting into a car). I need to make sure every byte got moved correctly by hand or by a very specialized (if it existed for that camera) utility, with no extraneous bytes between and all bytes from old unused photos zeroed, so that all photos in the deck were in the right order with the right timestamp. Even the zeroing out of the old photos att the end of the deck might look suspicious, unless the camera was new. Cheapo cameras, photo cameras, multiple cameras make this difficult for anyone, even an expert, to do. If the point is that all digital camera data should be inadmissable, I defer to legal heads.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#136)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 06:56:17 PM EST
    7duke4 posted:
    If the date was altered perfectly, yes, impossible to detect. Altering perfectly with no trace, exceedingly difficult.
    Yes! 7duke4, you're hired. Your Honor, I ask that 7duke4 be qualified as an expert .... As Orinoco would say: Case closed.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#137)
    by Talkleft Visitor on Thu Jun 01, 2006 at 06:57:33 PM EST
    Whew! I'm tired. Thank you 7duke4 and beenaround. I'm going to let you guys take over from here.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#138)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:00:19 PM EST
    More than once, posters have cited Bissey for the proposition that that dancers "returned" a little before twelve. His comments thus far only say that he saw them at that time. That was the first time he saw them, yes, so he does not know if they were "returning" or "arriving." So far there is nothing that I know of, nothing reliable, that says the 11:50 or thereabout, was not the arrival at the back of the house time. It may be the return time, I agree, but we just don't know yet, do we?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#139)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:03:03 PM EST
    imho: even Abrams has "hard breaks" when the show will go to commercial, whether someone is talking or not. I don't think that Abrams was all that unhappy with what the FBI guy had to say. Didn't seem that way to me.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#140)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:05:58 PM EST
    The real point about evidence being lost, destroyed, tainted is not that it helps the defense or the prosecution: it hurts in the effort to find out if a crime occurred and, if it did, who committed it. It hurts, dare I say, the interests of justice.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#141)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:15:49 PM EST
    Yeah, imho, that's my attitude. I do, however, try to impress upon the boy that women, in real life, bear little resemblance to the pulchritudinous (in homage to the spelling bee) of the women he sees in Playboy. And, like a good mother of 2006, I am glad it's just Playboy and not Hustler. And glad it's not pics on the computer, and computer chair, he and I share.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#142)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:18:40 PM EST
    SLO:
    Thank you, I rest my case. See my following post I wrote for PB describing the 35-pass random overwrite that is standard with my Mac OS X operating system.
    Huh? Remember, I AM the one who struggled with cutting, pasting, and URL linking. Scary part is, in my office, I am considered the computer guru.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#143)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:18:45 PM EST
    Sharon: In the above-referenced timeline, Bissey states that he saw the women enter the house @ 11:55. Then after showering he states, "And when I came out, this entire alley was full of men kind of yelling, and I overheard a lot of talk about getting money back and the money they'd spent or whatever. And the young women were back in the car in front, and one of the young men was leaning into the driver's side door, speaking with her. But at that point, the situation seemed to calm down a little bit, and they were able, I guess, to convince one of the girls to go back inside." He continues... "And that's at the point where I overheard her talking about going back and getting her shoe. So the young ladies went back into the house, and at that point, nobody was out in the alley. The situation seemed pretty calm. And I was back in the house." From previous posts, I think that even IMHO believes this to be the likeliest timeframe.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#144)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:19:13 PM EST
    Durga wrote:
    That just isn't true. It can be, if nobody really defines what racism is and the cause of the particular brand of racism or if the person is being deliberately difficult, but it is not a default case.
    OK..that makes sense. good point.
    So, he hates it but he participates in it.
    Yes, and the circle continues. However, I just don't see the bemoaning as being equal to John McCann's comment.
    Hence my mention of conservative preference-victimization. Does he really hate it, or does he just hate it when he doesn't benefit from it.
    My assumption would be the former until the latter is exposed...because that is my take on McCann's comments, but like I said self-interest just perpetuates the cycle, especially in politics.
    We can start by wording comprehensively and critically thinking first the situation we are criticizing and then our own criticisms instead of engaging in reactionary stone-throwing. Somebody has to break the cycle, but it sure isn't going to start by saying, "well, everybody else in school is doing it".
    I would say we are in complete agreement here. I knew if I could find a common ground eventually with you.
    As for the "brought it on themselves" argument, if he is referring to the ramifications of rape accusations if they are false accusations, h*ll yes I disagree. [...] If he means - or just in general as this is how I feel - the reaction, criticism, and chastising they get because of their non-accordance-to-school-rules behavior, non-parent friendly behavior, their disregard for their neighbors, their racist and sexist and demeaning comments, their devaluing of the women/woman because she is "just a stripper"? Yes, that is aaaall them.
    Interesting dichotomy you identified. I think it is clear that Tom Bevan is responding to the former meaning, not the latter. If McCann meant the latter then he is damn reckless with his words, as I think many people on both side of the debate believe the boys are responsible for setting the events in motion....at what point in time and degree of applicable retribution is debatable....assuming there is a false accusation.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#145)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:24:43 PM EST
    lol, imho:
    Your Honor, I ask that 7duke4 be qualified as an expert ....
    I was on a jury on a rape case. TRUST ME, if my fellow jurors had to follow the details of this case, they would have been lost. As would I have been, on the intricacies of modern day technology.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#146)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:32:03 PM EST
    Agreed, fillintheblanks. But what other timeline could Nifong be following? Has to be one that begins earlier, right? Otherwise Seligman's independent time corroborations will clear him. A lot is going to ride on Bissey, I think. He's good for the defense because it seems clear he did not enjoy the experience of living next door to the lax captains. And who can blame him? But he has no reason to help them, and seemed more sympathetic to the AV than to his neighbors.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#147)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:34:35 PM EST
    One interesting, perhaps, memory from serving on that jury: one of the voir dire questions was "If the only evidence you have that the victim was raped, and that the defendant was her rapist, is her word, her identification, could you still convict him?" And we all said, "yes."

    Re: Today's Duke Lacrosse Opinions (none / 0) (#148)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:37:34 PM EST
    'Canes win, and the Suns are up 7. I stroked a check for a painful amount to have the air handlers in my attic replaced. Hurricane season has begun. No wonder I am looking for diversions.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#149)
    by Talkleft Visitor on Thu Jun 01, 2006 at 07:37:59 PM EST
    Wow, I go away for several days, and it takes even several more days to catch up, squeezed between work and honey-do's. I feel like I walked into my Calculus II class back in the 70's in the middle of the semester. At least the moustaches are behind us (no double entendre intended). Well, my vote is with SLO, and all the other posts who speak of the near impossibility to alter camera time and data without leaving any traces. You guys sound like experts who actually work in the field for a long time. I love you techno-geeks (not in the biblical sense). You allow us "salesman types" to make the real money for the corporation. So now I see the conspiracy has grown geometrically in such a short time. The 40+ players, their parents who did not get a single one of them in a proverbial headlock when they got home (as I would have done to, oh my gosh, my lacrosse playing ATTACKman), not a single friend, lover, confessor. Add to that all the attorneys who abetted this nearly impossible time-and-space-continuum alteration, the forensic guy they hired to examine the camera, the b*stards at the ATM company, etc., etc. Toto, I have a feeling we're not in Kansas anymore. Regards, and check back again after the next trip, where I look forward to the next conspiracy. Lightenup P.S., some of my best friends wear pocket protectors; I am not a techno-racist.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#150)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 07:40:18 PM EST
    SharonInJax posted:
    imho: even Abrams has "hard breaks" when the show will go to commercial, whether someone is talking or not. I don't think that Abrams was all that unhappy with what the FBI guy had to say. Didn't seem that way to me.
    He wasn't right up against the hard break. He yammered on a bit with a three teasers of the upcoming segments and a request for emails. Did you see it on tape? Abrams is very expressive. In this interview you have to see where he started to appreciate why he wasn't happy with where he ended up: Abrams Report April 27:
    ABRAMS: Before we get to the taxi driver, let me bring in Jerry Richards, because former FBI guy, that's what he did for a living. Jerry, explain this to me, all right. I know that you can manipulate this stuff, but I've also been told by experts that if you start moving photos around, taking them out of order, for example, any expert will be able to tell that that happened once they get the digital disk or chip that held the photos.
    JERRY RICHARDS, RET. CHIEF OF FBI'S SPECIAL PHOTOGRAPHIC UNIT: Well first of all, they would have to get the original disk or chip. If they're getting copies of it, it may not be possible to tell. And in some cases you would need some sophisticated software to make that determination. If the alterations were done well it would be very difficult if not impossible to tell.
    ABRAMS: All right. So, if the--let's assume for a minute that you have the original, all right. Let's assume you were able--can you authenticate that it's an original disk or chip?
    RICHARDS: I'd say in most cases yes.
    ABRAMS: OK.
    RICHARDS: Not in all.


    Re: Today's Duke Lacrosse Opinions (none / 0) (#151)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 07:58:05 PM EST
    SharonInJax posted:
    More than once, posters have cited Bissey for the proposition that that dancers "returned" a little before twelve. His comments thus far only say that he saw them at that time. That was the first time he saw them, yes, so he does not know if they were "returning" or "arriving." So far there is nothing that I know of, nothing reliable, that says the 11:50 or thereabout, was not the arrival at the back of the house time. It may be the return time, I agree, but we just don't know yet, do we?
    fillintheblanks posted:
    From previous posts, I think that even IMHO believes this to be the likeliest timeframe.
    even IMHO? What's up with that? Is SLOphoto passing out torches to the villagers again? If Kim waited in her car and the accuser hopped out of Brians' car and into Kim's upon arrival to discuss their dance, then Bissey saw the women get out of Kim's car and walk up the driveway, where is the guy that flagged down Brian Taylor's car? Bissey didn't mention seeing this guy down by Kim's car. This seems to support Bissey not seeing the accuser's first arrival.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#152)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 07:59:29 PM EST
    lightenup:
    (as I would have done to, oh my gosh, my lacrosse playing ATTACKman)
    Tee Hee. Pat said I should have thought to DEcapitalize ATTACK after I copied it off the roster? And I thought Pat was going to apologize.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#153)
    by Talkleft Visitor on Thu Jun 01, 2006 at 08:02:54 PM EST
    Having fun with everyone in the midst of serious discussion, my nature.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#154)
    by Talkleft Visitor on Thu Jun 01, 2006 at 08:22:29 PM EST
    Not at all, imho: I am many things, but never have I played the part of a villager. Never even owned one of those dresses (probably dating myself, but so it goes.) You should feel honored that, when we who tend to believe and support the accused, cite you as the voice of reason from the other side, it says something about the rationality and cogency of your arguments. What is the phrase, "the loyal opposition"? I hope that all of us here can agree on one thing: we want "justice" to be done. Or, at the very least, we all want to know the truth, as much of it as we can learn. We want to know what happened at 610 N. Buchanan Boulevard on the night of March 13th, in the early hours of March 14th. Not what might have happened, not what could have happened, but what did happen. That's one thing I disagree with Abrams, or anyone who thinks the charges should be dropped: this case needs to go to trial. I still think Nifong rushed, for political reasons, the process. I still think that there is so much reasonable doubt, no matter what Nifong has or does not have in reserve that a conviction should be impossible. If they are innocent, as opposed to not guilty, and they have to go all the way to and through trial, even if acquitted, the accused will have been made to bear an awful burden. I realize that. But, clearly, this case is about more than those three young men and the AV, and their families. Everyone who has heard or read about this case needs more than seeing it fade away, with the truth still being professed by both sides, with both sides still claiming to be on the side of the angels, with no resolution, no denouement, no The End. The issues involved in this case are too important: the modern day, blogging equivalent of discussion, discourse and debate on this site proves that. If it turns out that the accused are guilty, then I will have to do some serious soul searching, self-examination and contemplation. And I think that the same will be true for those of you who now believe the AV: if it turns out that the accused are not guilty, or even more, that you believe they are and always were, innocent, then I would hope that you, too, would look at your reactions to this case, to the players in this real-life drama. And if I am right in believing in the accused's innocence, I will still be thinking about how I reacted to this case, and why.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#155)
    by Talkleft Visitor on Thu Jun 01, 2006 at 08:24:08 PM EST
    IMHO, you wrote:
    even IMHO? What's up with that? Is SLOphoto passing out torches to the villagers again?
    Surely, IMHO, you're not unaware of your persona on this board! and you wrote:
    If Kim waited in her car and the accuser hopped out of Brians' car and into Kim's upon arrival to discuss their dance, then Bissey saw the women get out of Kim's car and walk up the driveway, where is the guy that flagged down Brian Taylor's car? Bissey didn't mention seeing this guy down by Kim's car. This seems to support Bissey not seeing the accuser's first arrival.
    Actually, IMHO, it seems to support Bissey not seeing Brian's car or not mentioning it: his account is certainly a condensed version.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#156)
    by Talkleft Visitor on Thu Jun 01, 2006 at 08:34:36 PM EST
    Brian remains one of those incidental, but interesting, characters. He's not the boyfriend, right? Or do we know that yet? He's not one of the three non-lacrosse guys asked to donate, right? Or do we know that?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#157)
    by Talkleft Visitor on Thu Jun 01, 2006 at 08:44:32 PM EST
    Sharon, you wrote:
    Brian remains one of those incidental, but interesting, characters. He's not the boyfriend, right? Or do we know that yet? He's not one of the three non-lacrosse guys asked to donate, right? Or do we know that?
    In Brian's statement, he said that he had not seen the AV since dropping her off that night. The boyfriend drove her home from the hospital. Therefore, Brian is not her boyfriend. AFAIK, the other DNA donors have not been named. He may be one of them.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#158)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 08:51:26 PM EST
    fillintheblanks posyed:
    Surely, IMHO, you're not unaware of your persona on this board!
    lol! If it was only on the board.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#159)
    by Talkleft Visitor on Thu Jun 01, 2006 at 08:55:06 PM EST
    IMHO, you wrote:
    This seems to support Bissey not seeing the accuser's first arrival.
    Are you saying that Bissey did not see the AV's first arrival at the address or that he did not see her first arrival at the threshold of the house; i.e., at the back or front door? If we count the "threshold arrivals" that Bissey witnessed - one at 11:50 and one between 12:15 and 12:20, are suggesting that there may have been a third, or even a fourth that he didn't see?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#160)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 08:57:25 PM EST
    Bissey doesn't see the car (either car) drive up, so Brian is gone by the time Bissey sets eyes on the two women, but what about the guy flagging down Brian's car? I guess he could have sprinted up the driveway to tell the guys "the second stripper's here," before Bissey looks out to see only the two women getting out of Kim's car.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#161)
    by inmyhumbleopinion on Thu Jun 01, 2006 at 09:09:57 PM EST
    fillintheblanks posted:
    If we count the "threshold arrivals" that Bissey witnessed - one at 11:50 and one between 12:15 and 12:20, are suggesting that there may have been a third, or even a fourth that he didn't see?
    As far as the timing of two women's arrivals, I guess Kim will be able to set us all straight, but: the accuser getting there at 11:50, talking just fine, according to Kim, walking just fine, according to Bissey, and going inside at 11:55, then 5 minutes later, she's face down in the carpet? When did she quaff the drink and a half? 11:56-11:59? One minute later she's blotto?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#162)
    by Lora on Thu Jun 01, 2006 at 09:15:16 PM EST
    Bissey sees the women outside three times per Rita Cosby's show. (paraphrased) 1) Bissey sees a car drive up and two women get out and go in. Then he takes a shower. 2) Then there are men in the alley yelling and he sees the two women back in the car, then one of the partyers persuades at least one of them to go back in, he hears mention of her going back for her shoe and then (pretty vague here) they go in and no one is left outside. Then he goes back inside and hangs out, checks his email. 3) Heard the situation "boil up again." The women get into the car and leave, racial slur is shouted, men run away, nobody around, police show up. Change of subject. This little detail's been bugging me subconciously until it rose to the surface today. From Shelton's write-up, after he approaches the AV in Kim's car:
    She was wearing a see-through red outfit with no undergarments and one white high-heel shoe.
    Wha-aa?? Ok, she's a stripper, I know, but don't you have 'em on in the first place so you can take them off? GSD, Sorry to take so long to get back to you. I still think no one has to be lying, neither the detective nor Shelton, nor the AV. I still think Shelton misundertood or misinterpreted her about not being raped [yet]. If Shelton gave her a hard time about being groped and not raped, she might have left out the grope part when she spoke to the detective, especially if it really had nothing to do with the assault. Or, the detective could have left it out as being insignificant to the assault. As far as being pulled out of the car, that could have just been part of going back inside and also not significant to the assault. With only one high-heeled shoe on, she might have needed to be pulled out. Also we have no direct quotes from her on these issues, only paraphrases, so we don't know exactly what was said.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#163)
    by Lora on Thu Jun 01, 2006 at 09:17:06 PM EST
    imho, Maybe the AV stumbled and fell when her shoe came off?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#164)
    by Talkleft Visitor on Thu Jun 01, 2006 at 09:53:54 PM EST
    IMHO posted:
    As far as the timing of two women's arrivals, I guess Kim will be able to set us all straight, but: the accuser getting there at 11:50, talking just fine, according to Kim, walking just fine, according to Bissey, and going inside at 11:55, then 5 minutes later, she's face down in the carpet? When did she quaff the drink and a half? 11:56-11:59? One minute later she's blotto?
    Yes, Kim knows. But for now, Bissey is all we've got for the "threshold arrival" times. He saw them enter the house at 11:55 and 12:15-12:20 - placing the rape window (if we believe the timestamps) between 12:15 and 12:30 or between 12:41 and 12:50. It's possible that the women were served a drink before Bissey saw them - an arrival (at the address) cocktail, if you will. But also, I think it's quite possible to quaff 1.5 drinks in four minutes and be blotto very soon afterward. The AV is slight of build. She may have been borderline drunk, stoned, what have you, upon arrival. She may be (now and then) taking meds for her mental health. Not to mention a case of nerves and that the exertion of dancing would accelerate the alcohol's effects.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#165)
    by Talkleft Visitor on Thu Jun 01, 2006 at 10:44:43 PM EST
    Lora posted:
    She was wearing a see-through red outfit with no undergarments and one white high-heel shoe.
    Wha-aa?? Ok, she's a stripper, I know, but don't you have 'em on in the first place so you can take them off?
    Panty lines and bra straps under a see-through outfit - a bit gauche, don't you think?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#166)
    by Talkleft Visitor on Fri Jun 02, 2006 at 01:41:40 AM EST
    Sharon, You wrote:
    If they are innocent, as opposed to not guilty, and they have to go all the way to and through trial, even if acquitted, the accused will have been made to bear an awful burden.
    That goes for the prosecution and the public as well. And the accuser. And all, from my perspective, based on a paranoia that a) Nifong has suddenly gone from being a reasonable person to being an irresponsible nutcase and b) that revealing the whole truth prior to the trial would be more likely to lead to a false conviction than revealing it later. This is part of what I assume McCann is talking about when he says the players have "brought this on themselves." It's the part I agree with unreservedly. For an awful burden, I look to our soldiers in Iraq. They risk more in each day's work then the Duke players risk here.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#167)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 06:35:08 AM EST
    imho posted:
    ...then 5 minutes later, she's face down in the carpet? When did she quaff the drink and a half? 11:56-11:59? One minute later she's blotto?
    Lora posted:
    imho,
    Maybe the AV stumbled and fell when her shoe came off?
    Good idea, Lora. I can't tell from this description of the photos if that is what happened:
    12:00:12 a.m. The first picture of the dancers. The accuser, wearing pink and white lace lingerie, is lying face down on the floor.
    12:00:21 a.m. The accuser and the second dancer are dancing together.[dancing standing up with one shoe on or "performing" on her bloody knees? Could mean nothing, but this is the only time they are described as "dancing" the "Floor routine" is described as "performing."]
    12:00:29 a.m. Dancers are performing. The accuser has what looks like bruising on her knees. Her right shoe is missing from her foot. It can be seen in the background.[Standing up performing with one shoe or on her knees?]
    12:00:40 a.m. The two dancers are performing. A crowd of about 15 men is visible in the photo. The men are sitting on couches. They are not showing much reaction.
    12:02:16 a.m. The accuser is on top of the second dancer. The accuser's right thumbnail does not have a fingernail or polish on it. Her right pinky nail also does not have a nail. The men are smiling. The dancers are smiling.[hmmm? Everyone is smiling? And fun was had by all until the broom remark?]


    Re: Today's Duke Lacrosse Opinions (none / 0) (#168)
    by Talkleft Visitor on Fri Jun 02, 2006 at 06:52:52 AM EST
    This "dance" seems more like mud wrestling. My guess is that two strippers were hired in order to stage a catfight. Else, why hire two? Or perhaps that's the routine the women conjured on their own.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#169)
    by Bob In Pacifica on Fri Jun 02, 2006 at 07:44:44 AM EST
    I asked my internet experts what "AFAIK" meant. Other than possibly an armed militia in the northern region of Iraq, no one has a guess.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#170)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 07:47:02 AM EST
    'The Abrams Report' for April 19
    ABRAMS: The district attorney has suggested the accuser struggled with the attackers, so much so that her artificial fingernails broke off, so why was none their DNA found under her fingernails?
    UNIDENTIFIED MALE [Nifong]: Evidence that she would present with respect to that particular situation is that she was grabbed from behind. Now, as you can see from my arm, if I were wearing a shirt, a long sleeve shirt or a jacket of some sort, even if there were enough force used to press down to break my skin through the clothing, there might not be any way that anything from my arm could get on to those fingernails.
    ABRAMS: The problem. Reade Seligmann and just about every other young man at the party is seen wearing a short-sleeve shirt.
    ABRAMS: And yet, now it seems at least I can tell you from looking at those pictures, while there were one or two people wearing long-sleeved t-shirts, all the rest of the people in that house were wearing short-sleeved shirts.
    I wonder what Evans was wearing? And where are those "no mustache photos?"

    Re: Today's Duke Lacrosse Opinions (none / 0) (#171)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 07:48:25 AM EST
    I asked my internet experts what "AFAIK" meant. Other than possibly an armed militia in the northern region of Iraq, no one has a guess.
    Here's my guess: "as far as I know"

    Re: Today's Duke Lacrosse Opinions (none / 0) (#172)
    by Bob In Pacifica on Fri Jun 02, 2006 at 07:49:31 AM EST
    Someone posted someone else's post of this, describing the beginning of the dance: The accuser, wearing pink and white lace lingerie, is lying face down on the floor. I have to admit, I don't get out clubbing anymore, but I don't remember any dances starting with one lying face down on the floor. I saw a couple of times in the mosh pit when someone's attempt at crowd-surfing went wrong and they ended that way, but not starting out.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#173)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 08:03:49 AM EST
    Duke lacrosse player charged with a DWI
    After arresting Wilson, police searched the 2002 Lincoln that he was driving and discovered "less than one half ounce" of marijuana and a glass pipe, according to Jane Cousins of the Chapel Hill Police Department.
    In all, police charged Wilson with driving while impaired, possession of marijuana, running a red light and possession of drug paraphernalia. He was released on a written promise to appear in court on Aug. 1.
    Potential alibi witness's credibility in question?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#174)
    by Talkleft Visitor on Fri Jun 02, 2006 at 08:47:42 AM EST
    Blue Wall of Broken Dreams more like it
    It's been like a grieving process," Zash said. "It was difficult to even think about watching lacrosse. I didn't watch any of the rest of the season. I don't think many of us did. We knew it could have been us out there, living out our dream. Instead, it was taken away from us without warning."
    For those that insist on a "Blue Wall of Silence" this should give you an idea of the strong motivation the players had to win a national championship, they would in no way sacrefice their title dreams for anyone and definitely not at their ages. Also in article:
    University officials have yet to announce whether the team will resume play in 2007. But if Duke does return to action next season, the team will include highly touted high school player Max Quinzani, who has reaffirmed his decision to attend Duke in the fall. That's good news for a program that has lost three incoming freshman recruits. Quinzani's mother, Julia, also takes it as a good indication that Duke plans to return to the lacrosse field next season. "We can't be sure until they make an announcement, but we feel they are [going to play]," Julia Quinzani said. "If they don't play that's OK, too, but we would prefer that they did."


    Re: Today's Duke Lacrosse Opinions (none / 0) (#175)
    by Talkleft Visitor on Fri Jun 02, 2006 at 08:53:33 AM EST
    IMHO wrote:
    Duke lacrosse player charged with a DWI
    From article
    He was charged with possession of a malt beverage under the age of 21 and urinating in public in two separate incidents in Durham in 2004, but both of those charges also were dismissed.
    I wonder how many of the 15 incidents from from the grand total were multiple cites to the same person.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#176)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 09:02:46 AM EST
    3 former Duke lacrosse players drafted by pro teams
    "It was thrilling to be out there again, playing competitively," said Zash, the sixth overall pick in the draft.
    Dowd and Flannery also were drafted.
    "It's been like a grieving process," Zash said. "It was difficult to even think about watching lacrosse. I didn't watch any of the rest of the season. I don't think many of us did. We knew it could have been us out there, living out our dream. Instead, it was taken away from us without warning."
    "I called the cops, you dumbasses."
    .... "I know this will blow over and they'll be found innocent," he said. "We're communicating frequently, and they're doing the best they can with it. They have unbelievable support because we all know it could have been any one of us who got picked in this lottery."


    Re: Today's Duke Lacrosse Opinions (none / 0) (#177)
    by Talkleft Visitor on Fri Jun 02, 2006 at 09:47:14 AM EST
    This link shows the level of effort it would take to modify a digital camera's firmware and memory without a trace: machine just a wee jest... ;-)

    Re: Today's Duke Lacrosse Opinions (none / 0) (#178)
    by azbballfan on Fri Jun 02, 2006 at 09:58:20 AM EST
    Bob:
    I asked my internet experts what "AFAIK" meant. Other than possibly an armed militia in the northern region of Iraq, no one has a guess.
    As Far As I Know, it's just a lame pleonasm.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#179)
    by Talkleft Visitor on Fri Jun 02, 2006 at 10:16:20 AM EST
    Have a look here for additional common chatroom abbreviations.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#180)
    by spartan on Fri Jun 02, 2006 at 10:25:39 AM EST
    For all those out there that believe in the Blue Wall of silence and and the suggestion that people would keep quiet out of loyalty to their team, I did an informal survey at work today asking my female employees if they would report their child if they suspected them of committing a crime like rape. Everyone said absolutely YES. These individuals are all moms (25-55 years of age) and represent a good cross section of society. Hard to imagine that a mother would report her child but "team loyalty" would prevent the LAX players from squealing on each other.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#181)
    by Talkleft Visitor on Fri Jun 02, 2006 at 10:41:22 AM EST
    Quite humorous, 7Duke4, but shame on you for directing us to a site with a name like "blueballfixed."

    Re: Today's Duke Lacrosse Opinions (none / 0) (#182)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 10:52:04 AM EST
    Kalidoggie wrote:
    For those that insist on a "Blue Wall of Silence" this should give you an idea of the strong motivation the players had to win a national championship, they would in no way sacrefice their title dreams for anyone and definitely not at their ages.
    Isn't that exactly what they did do? The "Blue Wall of Silence" is about sticking together to protect each other from prosecution. What remains to be quibbled over is if it is protection from a prosecution that could result in a wrongful conviction or not. Even IF an assault did occur that night, most of the players could be remaining slient to prevent what they believe would be a wrongful conviction.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#183)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 11:07:17 AM EST
    spartan posted:
    For all those out there that believe in the Blue Wall of silence and and the suggestion that people would keep quiet out of loyalty to their team, I did an informal survey at work today asking my female employees if they would report their child if they suspected them of committing a crime like rape. Everyone said absolutely YES. These individuals are all moms (25-55 years of age) and represent a good cross section of society. Hard to imagine that a mother would report her child but "team loyalty" would prevent the LAX players from squealing on each other.
    I would think the dynamics of the relationship between teammates is quite different from the relationship each teammate has with his mother. Mothers tend to hold their sons to a higher standard of behavior than their teammates do. I noticed there were no mothers at the stripper party (besides the accuser and Kim, of course).

    Re: Today's Duke Lacrosse Opinions (none / 0) (#184)
    by azbballfan on Fri Jun 02, 2006 at 11:20:00 AM EST
    Sharon wrote:
    Quite humorous, 7Duke4, but shame on you for directing us to a site with a name like "blueballfixed."
    Lack of DNA evidence indicates there was no "happy ending". But a good laugh is a lesser form of a 'release'.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#185)
    by azbballfan on Fri Jun 02, 2006 at 11:31:53 AM EST
    spartan posted:
    For all those out there that believe in the Blue Wall of silence and and the suggestion that people would keep quiet out of loyalty to their team, I did an informal survey at work today asking my female employees if they would report their child if they suspected them of committing a crime like rape. Everyone said absolutely YES. These individuals are all moms (25-55 years of age) and represent a good cross section of society. Hard to imagine that a mother would report her child but "team loyalty" would prevent the LAX players from squealing on each other.
    Good for the mothers in your office. Certainly it would be difficult, when confronted by one's peers, for anyone to say they would shield their kids/parents/friends from the law if they knew otherwise. There are plenty of examples of parents/friends/siblings who have. You may have gotten a different result if you conducted an anonymous poll of mothers who don't know each other in social/business circles.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#186)
    by azbballfan on Fri Jun 02, 2006 at 11:41:47 AM EST
    spartan, An interesting question to ask your coworkers would be: "If our sons were good friends and your son knew something that could incriminate my son for rape, would you tell on my son?"

    Re: Today's Duke Lacrosse Opinions (none / 0) (#187)
    by Talkleft Visitor on Fri Jun 02, 2006 at 12:21:41 PM EST
    Re: Today's Duke Lacrosse Opinions (none / 0) (#188)
    by Talkleft Visitor on Fri Jun 02, 2006 at 12:32:37 PM EST
    To all: If you're interested in a really good story about the abuse of power by governmental and quasi-governmental organizations, read the report on the Lance Armstrong "doping" allegation. In brief, the head of WADA (World Anti-Doping Agency), Dick Pound, was so obsessed with "proving" that Lance Armstrong used EPO (a drug to enhance the oxygen carrying capacity of red blood cells), that he induced a French lab (LNDD) to use improper testing methods to test six-year-old urine samples and disclose identifying information about Armstrong for the 1999 Tour de France. When an independent Dutch investigator was tasked with determining the validity of the allegations about Armstrong, he uncovered a massive cover-up by WADA, LNDD, and the French Ministery of Sport. Naturally, L'Equipe, the French "newspaper" that reported the story, "stands by its story." The report is quite a read. Report of Dutch investigator

    Re: Today's Duke Lacrosse Opinions (none / 0) (#189)
    by Bob In Pacifica on Fri Jun 02, 2006 at 12:36:36 PM EST
    Well, Pat, at least the French government is capable of conspiracies.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#190)
    by spartan on Fri Jun 02, 2006 at 12:37:48 PM EST
    Azzballfan, Actually I did ask a similar question and they all had the same response. They were concerned that our kids would do it again and something would need to be done to prevent that from happening. IMHO, I believe your idea of team loyalty is not realistic. Faced with possible prison, the team players would quickly rat on each other. In fact, that is usally the rule and not the exception.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#191)
    by spartan on Fri Jun 02, 2006 at 12:44:32 PM EST
    By the way. For those of you that have children, ask them if they would lie to help their best friends stay out of jail for a crime like rape.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#192)
    by Talkleft Visitor on Fri Jun 02, 2006 at 12:52:54 PM EST
    Sharon wrote:
    One interesting, perhaps, memory from serving on that jury: one of the voir dire questions was "If the only evidence you have that the victim was raped, and that the defendant was her rapist, is her word, her identification, could you still convict him?" And we all said, "yes."
    Actually, that's a very scary notion in this case (and in every case, given the unreliability of witness IDs). Despite all of the talk about the IDs, I think some people are missing a fundamental point - in this case the AV is supposed to be able to ID the players - she met them (however briefly) immediately before and during the dance. Unlike a sexual assault by a stranger, in this case it's not possible to distinguish whether the AV is able to ID someone because they were at the party, or whether they were in the bathroom. This is where the DNA comes into play. If there was ever going to be a case with DNA, this would seem to be such a case. The assertion of a 30 minute, violent struggle, with v*g*n*l and *n*l rape, without a condom, would certainly seem to produce a setting where DNA would be present - especially because of the short time period and the lack of bathing between the alleged incident and the SANE's examination.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#193)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 01:02:57 PM EST
    Lora posted:
    From Shelton's write-up, after he approaches the AV in Kim's car:
    She was wearing a see-through red outfit with no undergarments and one white high-heel shoe.
    Wha-aa?? Ok, she's a stripper, I know, but don't you have 'em on in the first place so you can take them off?
    Good point, Lora. She must have worn something under or over the see through outfit. Doesn't the search warrant mention the victim's clothing? From the first search warrant:
    Any clothing relating to the suspect or the victim
    (her shoe is listed separately) That sounds generic, I wonder if she left any clothing behind?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#194)
    by Lora on Fri Jun 02, 2006 at 01:21:15 PM EST
    There are only three out of 46 team players facing possible prison. It seems that so far, most people here believe it is quite unlikely that any of them will be convicted, regardless of whether or not a rape ocurred. The other 43 are not facing any charges over the incident, and very most likely will not face ANY charges with a possible prison sentence (barring a mistaken and corrected ID). Assuming the 3 captains gave very detailed statements, that leaves 40 minus those who weren't there. I can only believe that keeping silent is more of a payoff for them than stating what they know. Why would this be? Maybe they are so upset about the presumed lack of justice in this case that they are willing to cut their own noses off to spite their faces by keeping silent, even though telling what they know could clear their or their teammates' names. Perhaps they were willing to jeopardize their own careers to preserve the innocence of their teammates, assuming that what they saw and witnessed could somehow be twisted around to hurt the three indicted, or somehow. I suppose their descriptions might possibly give the DA a new angle for the prosecution, but it wouldn't hurt the 40 who aren't indicted, right? Or, they themselves could have been involved in activities that have the potential to harm their careers more than keeping silent about what they did. Or, something did happen that night. In any case, they have successfully kept their versions of what happened, aside from the defense party line, totally out of the public eye. Hard to do. 46 different people, all taking a vow of silence? Yet it has happened. They have proven they can keep quiet, even when to talk might clear most or all of them from wrongdoing. fill, No panty lines? You'd think she'd have enough sexy underwear that if it showed through it would accentuate, not detract. Plus, I wouldn't know (sorry azb ;-) ), but I'd think if you are doing a strip tease, you wouldn't want to reveal all at once. You'd have something on underneath, no? Besides, riding around in a car and then getting out and walking around outdoors with no undies in a see-through outfit...eww. I agree with imho, she had to have had something on underneath.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#195)
    by Talkleft Visitor on Fri Jun 02, 2006 at 01:48:01 PM EST
    Hi Pat: You wrote:
    Unlike a sexual assault by a stranger, in this case it's not possible to distinguish whether the AV is able to ID someone because they were at the party, or whether they were in the bathroom.
    We don't know yet whether Nifong will be able to put the accuser in the bathroom with the three defendants. We don't know what he's been told by the three captains, we don't know what he's been told by Kim, and we don't know what he's been told by the accuser. We don't know whether the three defendants are actually claiming that they were not in the bathroom with the accuser. They've said they are innocent. That doesn't mean they weren't in that bathroom. If the other 40+ players are aware that the three defendants were in the bathroom, but do not believe that a rape occurred, they might feel that Nifongs threat to accessorize people who contributed to the climate in which the rape occurred gave them the appropriate legal excuse to avoid ratting out their friends. Why help Nifong prove his case when they believe their friends are innocent. If they were in the bathroom with the accuser for a substantial period of time, would anyone here be more inclined to believe the accuser than they are now? I sure would. To me it is one of but a few essential components of believing her story at all.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#196)
    by spartan on Fri Jun 02, 2006 at 01:57:48 PM EST
    PB, I agree. If the DA can place the guys in the bathroom at the same time, I would change my opinion about the possibility of a rape. But that is the big IF.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#197)
    by Talkleft Visitor on Fri Jun 02, 2006 at 01:58:49 PM EST
    Lora wrote:
    ... I'd think if you are doing a strip tease, you wouldn't want to reveal all at once.
    With a striptease, it's all in how you move. Not how many layers you start out with.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#198)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 02:06:25 PM EST
    spartan posted:
    Actually I did ask a similar question and they all had the same response. They were concerned that our kids would do it again and something would need to be done to prevent that from happening.
    Do you think any player that knew an assault had occurred would think, "If I don't tell what I know those three might rape another stripper?" He might tell for other reasons, but that one is not high on my list. spartan posted:
    IMHO, I believe your idea of team loyalty is not realistic. Faced with possible prison, the team players would quickly rat on each other. In fact, that is usally the rule and not the exception.
    IF an assault occurred, the only three that would need know, for certain, would be the three in the bathroom. They can't rat on the others without implicating themselves. Even if some players know that three of the players were in the bathroom with the accuser, they may believe all that took place was a "dust-up" over the money. They could all think they were preventing the wrongful conviction of those three. spartan posted:
    By the way. For those of you that have children, ask them if they would lie to help their best friends stay out of jail for a crime like rape.
    Ask them if they would remain silent if they thought their silence may prevent their friends from being wrongly convicted of rape.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#199)
    by Talkleft Visitor on Fri Jun 02, 2006 at 02:08:54 PM EST
    spartan wrote:
    PB, I agree. If the DA can place the guys in the bathroom at the same time, I would change my opinion about the possibility of a rape. But that is the big IF.
    I agree, too, but for all that was charged to have happened -- five insertions in three cavities and the coincident other violence -- and then exit the backdoor 15 minutes later looking pretty much intact, well, it's a stretch, for sure. If it can be shown that three guys were together in the bathroom with the AV, then I'd be more inclined to think that something much less brutal occurred.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#200)
    by chew2 on Fri Jun 02, 2006 at 02:09:25 PM EST
    Pat Re: lance armstrong doping allegation The Velonews link doesn't work. But from what I've read, the Dutch investigator claimed that various UCI and other rules and regulations and privacy protections were violated, and that there is no legal basis for the UCI to sanction him retrospectively. So as a legal matter, UCI can't sanction Lance. But the UCI took that position back in 2005 when these reports first surfaced. The French lab did retrospective testing in 2005 on preserved urine samples from the (1999?) Tour de France which still had code numbers attached, in an effort to see whether EPO could be detected in old samples. Some of the code numbers were later linked by L'Equipe to samples Lance gave. If memory serves 11 samples linked to Lance tested positive for EPO a banned blood doping substance. This was what was reported in the French sporting newspaper L'Equipe. At the time there was some controversy about whether such retrospective testing could be accurate. My memory is that false negatives were possible, but not false positives. His report doesn't shed much light on whether those lab results were accurate or not, or whether the samples were really Lance's. He claims that the lab didn't prove a legal chain of custody for the samples and could not prove that the samples weren't doctored. At the same time he says there is no evidence that the lab was out to get Lance or any of the other riders who tested positive. So the possibility of doctoring samples seems pretty slim, depending on you paranoia regarding the French. The evidence that Lance used EPO in the 1999 TDF is at least as strong, if not stronger, than the claims that Barry Bonds or Marion Jones were using steroids supplied by BALCO labs. So it seems that it's still an open question whether Lance used EPO in the 1999 TDF even if he can't be sanctioned by UCI.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#201)
    by azbballfan on Fri Jun 02, 2006 at 02:25:49 PM EST
    thanks fillintheblanks I may be 'outing' myself as a strip club perv, but you are definitely right. Layering is becoming less and less common. It's all about the attitude and personality to be the center of attention - to attract and arouse. Sometimes for the safer type bachelor party shows, theme costumes are used. If your son calls strippers for a party and they aren't wearing costumes, then they are expecting something pretty dirty. spartan, I'm suprised that if your son had raped someone your friends would go to the authorities without involving you. One of my stepdaughter's old boyfriends was the high school football stud (went on to college). After they broke up, he tried to force himself on her. We could have easily had him charged for attempted rape. I called his mother and went over to talk to the boy to remind him that what he did was wrong. Anytime any other parent asked about the boy, I just say that he has some issues he's working on and I hope the best for him. My two stepdaughters certainly wouldn't give up their friends to authorities unless the victim was also a friend or someone they knew. Even then, it'd have to be a repeat offense before taking the issue outside the confines of the 'greater family' of their friends' families. And the boys don't need to lie to maintain a wall of silence they can't lie because they aren't talking.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#202)
    by Talkleft Visitor on Fri Jun 02, 2006 at 02:26:51 PM EST
    Chew2 Just to give you an idea of the type of reaction this report has caused, consider the following, which was just released by WADA Montreal - The World Anti-Doping Agency is considering legal action against the Dutch investigator who cleared Lance Armstrong of using EPO during the 1999 Tour de France. WADA issued a statement Friday "completely rejecting the so-called 'Vrijman report,"' calling it "defamatory to the Agency" and "lacking in objectivity that borders on farcical." Emile Vrijman, who was appointed by the International Cycling Union (UCI) to investigate the handling of Armstrong's urine tests by the French national anti-doping laboratory, cleared the American rider in a report released on Wednesday. Vrijman's report said tests on the urine samples were conducted improperly and fell so far short of scientific standards that it was "completely irresponsible" to suggest they "constitute evidence of anything". 'Lacking in objectivity' The investigation concluded that the French laboratory and Wada "violated applicable rules on athlete confidentiality by commenting publicly on the alleged positive findings." Wada responded on Friday by stating it is considering legal action against "any organisation, including UCI, that may publicly adopt its conclusions". "Were the matter not so serious and the allegations it contains so irresponsible, we would be inclined to give it the complete lack of attention it deserves," Wada chairperson Dick Pound said. French sports newspaper L'Equipe stood by its reporting in an editorial published on Thursday. The newspaper repeated its allegations of last August that tests on six of Armstrong's urine samples from the 1999 Tour had detected "an irrefutable presence" of the banned endurance-boosting hormone EPO. Urine samples 'conducted improperly' Armstrong had challenged the validity of testing samples frozen six years ago, and how they were handled and saw this report as confirmation of his innocence. "(This) comprehensive report makes it clear that there is no truth to that accusation," Armstrong said on Wednesday in a statement. - Sapa-AP I went to cyclingnews.com to get a better link to the report. It's 130 pages long...but, worth it. Report

    Re: Today's Duke Lacrosse Opinions (none / 0) (#203)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 02:27:04 PM EST
    Pat posted:
    This is where the DNA comes into play. If there was ever going to be a case with DNA, this would seem to be such a case. The assertion of a 30 minute, violent struggle, with v*g*n*l and *n*l rape, without a condom, would certainly seem to produce a setting where DNA would be present - especially because of the short time period and the lack of bathing between the alleged incident and the SANE's examination.
    I agree. This may be the prosecution's biggest hurdle.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#204)
    by Talkleft Visitor on Fri Jun 02, 2006 at 02:34:12 PM EST
    I don't buy the "Blue Wall of Silence" line of thinking at all. Like most of the other arguments posted by those who want to believe the AV, it seems to be a stretch - sure it could possibly happen, but in the real world it does not seem likely. I played lacrosse in high school, college and on several club teams. I was also on teams in other sports. While a team is certainly a group of people working towards a common goal, you don't get to choose your teammates - especially at a D-1 school like Duke where everyone is recruited. I have never been on a team that was one big happy family. While there are close bonds among some, there are also individuals who don't like each other or don't know each other well. Often some dislike each other. For every player on the field, there are a others on the bench, many who think they should be the ones on the field. Not to mention all of the other inter-personal issues that arise within any group as large as 46 people. Why would all of these individuals jeopardize themselves and their collegiate athletic career to protect rapists in their midst? I don't think they would. Just like I think the chance that 40 or so Duke students would stand by knowing that 3 others were raping a dancer in the next bathroom is about zero. There is the argument that college kids sometimes behave like sheep - many groups can be overly influenced by a few strong leaders. Not here - this case is too big and every player has undoubtedly had heart to heart talks with their own suport circle - think parents, friends, previous coaches, teachers, advisors. and others. You can be sure that many have been told to do the right thing and some, if not many would listen. Maybe the reason nobody has come forward to support the AV's story is because that's what it is - a story? I would buy "silence" from those represented by attorneys on the advice of those attorneys. Especially in this case, where the DA doesn't seem all that ..... open to new information which might conflict with his initial beliefs.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#205)
    by Talkleft Visitor on Fri Jun 02, 2006 at 02:42:47 PM EST
    Why is everyone assuming that none of the players cooperating with prosecution? We already know that someone tipped police about the email that is about skinning and killing the strippers. In some of the reports this person is mentioned as a team member. Since the email was sent to team members,it is very likely he was a team member. Why would you tip police about an email which is supposed to be a joke unless you know something was wrong about that party night. Additionally, it was told sometime ago that a source in Durham police saying that a player was cooperating with prosecution.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#206)
    by spartan on Fri Jun 02, 2006 at 02:44:07 PM EST
    IMHO, Don't change the context of my statements. The question was from a parent's point of view. Obviously players would look at the situation from a different point of view but I still believe if they thought something terrible happened, they would rat. A better question: Would you keep quiet if you knew nothing happened but you knew that a DA was determined to "find" a guilty party at all costs.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#207)
    by Talkleft Visitor on Fri Jun 02, 2006 at 02:52:41 PM EST
    hicht:
    Additionally, it was told sometime ago that a source in Durham police saying that a player was cooperating with prosecution.
    I think that is tied to the phony email that was sent to the players, purportedly from one of them, that is pretty much accepted as being an attempt by the cops to spook the players. Not saying that it isn't possible, but if Nifong has already "turned" one of the players, he should have had a report about it in the discovery papers.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#208)
    by Talkleft Visitor on Fri Jun 02, 2006 at 03:10:02 PM EST
    Sharon,
    Not saying that it isn't possible, but if Nifong has already "turned" one of the players, he should have had a report about it in the discovery papers.
    The player that source is mentioning may be the same player that tipped police about the email like you said. He might have a report about it. As you know defense is giving away just the things that help them understandably.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#209)
    by Talkleft Visitor on Fri Jun 02, 2006 at 03:12:10 PM EST
    Hicht wrote:
    We already know that someone tipped police about the email that is about skinning and killing the strippers. In some of the reports this person is mentioned as a team member. Since the email was sent to team members,it is very likely he was a team member.
    Dave Evans came out publicly and stated he turned over his email accounts and his AIM account to the detectives. I imagine that they got the copy of McFadyen's email from Evan's account. I don't think they would have to "turn" any other player.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#210)
    by spartan on Fri Jun 02, 2006 at 03:12:39 PM EST
    Azbballfan, We didn't discuss whether they would tell me before going to the police. I suspect some would and some would not. In any case, if I witnessed a brutal rape I would first report it to the police, friend or no friend.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#211)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 03:23:26 PM EST
    mik posted:
    Dave Evans came out publicly and stated he turned over his email accounts and his AIM account to the detectives. I imagine that they got the copy of McFadyen's email from Evan's account. I don't think they would have to "turn" any other player.
    Good point, mik.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#212)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 03:27:10 PM EST
    SharonInJax posted:
    I think that is tied to the phony email that was sent to the players, purportedly from one of them, that is pretty much accepted as being an attempt by the cops to spook the players.
    Source?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#213)
    by Talkleft Visitor on Fri Jun 02, 2006 at 03:34:56 PM EST
    I'll try to find it, imho: ran across it the other day.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#214)
    by Talkleft Visitor on Fri Jun 02, 2006 at 03:54:36 PM EST
    To all While this may be "slightly" off-topic, I thought the group might be interested in a story posted on CNN.com. The gist of the story is as follows: TAVARES, Florida (AP) -- A couple tried to hire a hit man to kill their three grandchildren and daughter-in-law to stop them from testifying against their son in his rape trial, authorities said. The couple, ages 60 and 59, were charged with four counts each of criminal conspiracy to commit murder. They were being held without bond. Police said the pair initially offered $100 to an undercover sheriff's deputy to kill their son's wife, their 10-year-old granddaughter, two step-grandchildren, ages 14 and 16, and the family dog. I guess they didn't want to take any chances by taking the dog out. You never know what those dogs are going to say once they get on the stand. Story

    Re: Today's Duke Lacrosse Opinions (none / 0) (#215)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 03:55:33 PM EST
    spartan posted:
    IMHO, Don't change the context of my statements. The question was from a parent's point of view. Obviously players would look at the situation from a different point of view but I still believe if they thought something terrible happened, they would rat.
    You are the one that used the mothers' point of view to support your theory about what the players would do: you wrote: "Hard to imagine that a mother would report her child but "team loyalty" would prevent the LAX players from squealing on each other." spartan posted:
    A better question: Would you keep quiet if you knew* nothing happened but you knew** that a DA was determined to "find" a guilty party at all costs.
    There you go. Thanks. That's all I'm saying. That is "The Blue Wall of Silence" that cost them their season. The protection of their teammates has a price and they may not be through paying it. I wonder what Nifong thinks of Wilson's driving while impaired, possession of marijuana, running a red light and possession of drug paraphernalia charges? *Not everyone remaining silent can know this, but they can think it. Some were not even at the party. **They can't know this about Nifong, but they can think it. spartan posted:
    In any case, if I witnessed a brutal rape I would first report it to the police, friend or no friend.
    How brutal a rape would it have to be for you to report it?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#216)
    by Talkleft Visitor on Fri Jun 02, 2006 at 03:58:21 PM EST
    imho: I was unable to copy the part of the text I wanted, but it's in a story in the Duke Chronicle I don't know if this is the only reference to a player helping the police or not.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#217)
    by ding7777 on Fri Jun 02, 2006 at 03:59:41 PM EST
    Where is the AV's DNA? The bathroom should have been full of the AV's saliva, tears, skin, etc. The 3 AR's clothes should have the AV's DNA all over them

    Re: Today's Duke Lacrosse Opinions (none / 0) (#218)
    by Talkleft Visitor on Fri Jun 02, 2006 at 04:00:26 PM EST
    imho: good thing for Wilson that he was nailed in Chapel Hill, not Durham.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#219)
    by Talkleft Visitor on Fri Jun 02, 2006 at 04:19:14 PM EST
    Rumor has it that Wilson is the son of Peter Wilson, a prof at Fuqua, Duke's business school. Yikes! I wonder what the administration will do to him.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#220)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 04:34:30 PM EST
    Kalidoggie posted:
    I wonder how many of the 15 incidents from from the grand total were multiple cites to the same person.
    15 players had prior charges They don't give the total charges for the 15 players, but it was about 20, I think. Some were dismissed.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#221)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 04:38:43 PM EST
    ding777 posted:
    The bathroom should have been full of the AV's saliva, tears, skin, etc.
    How about the DNA from the three players that lived in the house? We have only heard about one sample of DNA found on the floor [which was a match for either Evans, Flannery or Zash], one sample of DNA found on a towel [which was a match for either Evans, Flannery or Zash] that was outside the door, and the DNA on the accuser's fingernail that was a partial match to Evans. ding777 posted:
    The 3 AR's clothes should have the AV's DNA all over them
    Do we know if the clothing they wore that night was collected? I didn't see any clothing listed as items seized. If thy did collect any clothing, do we know it had not been scrubbed clean first?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#222)
    by Talkleft Visitor on Fri Jun 02, 2006 at 04:47:48 PM EST
    IMHO asked:
    Do we know if the clothing they wore that night was collected? I didn't see any clothing listed as items seized. If thy did collect any clothing, do we know it had not been scrubbed clean first?
    I seem to remember a news program in which it was stated that none of the players' DNA was found on her clothing. I'll try to find the source. In the SANE procedures that I have seen on the net, saving the clothes is a specific step in the process.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#223)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 04:52:05 PM EST
    mik posted:
    Rumor has it that Wilson is the son of Peter Wilson, a prof at Fuqua, Duke's business school. Yikes! I wonder what the administration will do to him.
    Professor Peter R. Wilson Fuqua School of Business Duke University PETER R WILSON Born Jun 1952 26 OAK DR DURHAM, NC 27707 Team roster: 21 Matt Wilson MIDFIELDER 6-0 185 Jr. Durham, N.C. (Durham Academy) Matthew Peter Wilson, 21, of 26 Oak Drive in Durham,

    Re: Today's Duke Lacrosse Opinions (none / 0) (#224)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 04:57:17 PM EST
    Hi Pat, ding7777 was talking about the AR's clothing:
    The 3 AR's clothes should have the AV's DNA all over them


    Re: Today's Duke Lacrosse Opinions (none / 0) (#225)
    by Talkleft Visitor on Fri Jun 02, 2006 at 04:57:59 PM EST
    IMHO: With respect to the clothing issue, the April 10 thread for this blog quoted the defense as saying, "No DNA that matched the players was found on or within or on the surface of the accuser's body or any of her belongings or clothing. Not even under her fingernails. You can listen to the defense attorneys' news conference here." Thread I don't remember hearing anything about the clothing in the second round of testing - just the BF's DNA and the partial that couldn't exclude Evans.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#226)
    by azbballfan on Fri Jun 02, 2006 at 05:10:44 PM EST
    Sharon, Thanks for the link to the article. Interestng reading. I found the first post in the comment section real interesting. A Duke alumn blasted the reporter for offering up an obviously pro Duke article. Also interesting from the article:
    Ekstrand said the police gave him a list of the players they believe were not at the party at 11 p.m. Saturday.
    "The list... was woefully incomplete," Ekstrand said. "They are running a serious risk right now if they put those names up and they don't know the answer to that question [of who was absent from the party]."
    Seems like one of the players felt the wall of silence was working.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#227)
    by azbballfan on Fri Jun 02, 2006 at 05:16:16 PM EST
    spartan, What if you saw a friend enter a bathroom with a girl at a party, and heard loud noises? What if the party was held exclusively for your office friends (similar to the exclusive lacrosse party). What if you never met the girl in question and found out your friend met her that night. If you heard two days later that the police were investigating a rape, would you go straight to the authorities? Seriously.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#228)
    by Talkleft Visitor on Fri Jun 02, 2006 at 05:21:09 PM EST
    SharonInJax wrote about the allegedly fake email written to the Duke lacrosse players, supposedly by the Durham police. IMHO asked for a source. The Time Magazine article is here.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#229)
    by azbballfan on Fri Jun 02, 2006 at 05:26:59 PM EST
    Hicht wrote,
    We already know that someone tipped police about the email that is about skinning and killing the strippers.
    It was Evans when the police originally showed up and took his computer.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#230)
    by Talkleft Visitor on Fri Jun 02, 2006 at 05:33:02 PM EST
    It was Evans when the police originally showed up and took his computer.
    azbballfan, Mik pointed that out. I agree.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#231)
    by Talkleft Visitor on Fri Jun 02, 2006 at 06:04:22 PM EST
    IMHO: My bad on the clothes. I haven't seen anything on that issue...which is interesting. I don't remember the search warrants asking for anyone's clothing (other than the AV). One would assume that the AV would have described some of the clothing. Perhaps the police thought it was too late to attempt to test them...though, it seems odd to make that assumption.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#232)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 06:14:46 PM EST
    Pat, This is from the first search warrant:
    Any clothing relating to the suspect or the victim
    (her shoe is listed separately

    Re: Today's Duke Lacrosse Opinions (none / 0) (#233)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 06:21:03 PM EST
    Thanks for the link MarcusCA. I was specifically talking about this part of Sharon's post:
    I think that is tied to the phony email that was sent to the players, purportedly from one of them, that is pretty much accepted as being an attempt by the cops to spook the players. Not saying that it isn't possible, but if Nifong has already "turned" one of the players, he should have had a report about it in the discovery papers.
    Were Duke Players Victims of an E-Mail Sting?
    defense lawyers say they fear their clients are being targeted in a setup or sting operation possibly perpetrated by law enforcement.
    The lawyers' unsubstantiated accusations came on a busy Good Friday in Durham, when it became known that Durham police investigators had attempted the night before to interview some players on campus about the case.
    Pretty much accepted by.....?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#234)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 06:34:50 PM EST
    SharonInJax posted:
    The "gentleman" who made the broomstick reference was identified by the AV, and as far as I know, there are no possible criminal charges for making such a comment, so even if the other players have not publicly named him, his identity has absolutely NOTHING to do with the charges against the Duke Three
    I was not saying they were covering up his identity to protect anyone from a rape charge, but if there is a trial, anyone think the broomstick comment will be mentioned?

    Re: Today's Duke Lacrosse Opinions (none / 0) (#235)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 06:49:41 PM EST
    From that Duke Chronicle article:
    Ekstrand said the police gave him a list of the players they believe were not at the party at 11 p.m. Saturday.
    Did the police give the list to Ekstrand at "11 p.m. Saturday?" The party was on a Monday night.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#236)
    by spartan on Fri Jun 02, 2006 at 07:15:59 PM EST
    Azbballfan, yes. Imho, I was replying to Assballfan about whether to go to the police first or confront friend before going to the police. The situation with his stepdaughter was different.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#237)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 07:17:48 PM EST
    Re: Today's Duke Lacrosse Opinions (none / 0) (#238)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 07:23:27 PM EST
    spartan, Oh, sorry. I missed that.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#239)
    by spartan on Fri Jun 02, 2006 at 07:41:27 PM EST
    Pat, I have a SC sane form and in the evidence checklist portion outer clothing and underwear are to be marked either collected or not collected. So the SANE nurse should have atleast considered obtaining these items if present. As a side note, the instructions for suspected date rape drugs state that if the offence is less than 24 hours urine and blood should be collected. Greater than 24 hours and less than 3 days only urine is collected. Greater than 3 days --no samples.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#240)
    by spartan on Fri Jun 02, 2006 at 07:54:38 PM EST
    Also the SANE form is quite detailed in the questions asked of the victim. Besides asking about penetration of the vag*na, an*s or mouth it also has check off boxes for fondling , mastur*ation, licking, kissing and biting. It asks about foreign body penetration as well hand/digital penetration. The NC version should atleast put to rest about broomsticks, if we ever get to see the report.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#241)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 08:12:07 PM EST
    Re: Today's Duke Lacrosse Opinions (none / 0) (#242)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 08:27:11 PM EST
    Good season, but scandal dominated storylines
    I happened to be in a hotel elevator in Philadelphia this weekend with a group of kids, teenagers really, carrying their lacrosse sticks. Not an uncommon sight anywhere in the city. A woman stepped into the car on the fifth floor and to get off at the third, obviously dressed for a stint at the fitness center. One of the boys made a remark about heading to the gym but not taking the two flights of stairs.
    "I'm a woman by myself," she said tersely. "You think I'm going into a stairwell? Alone? In a hotel full of lacrosse players?"
    uh....get a grip on yourself, lady.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#243)
    by inmyhumbleopinion on Fri Jun 02, 2006 at 09:51:05 PM EST
    mik asked:
    Rumor has it that Wilson is the son of Peter Wilson, a prof at Fuqua, Duke's business school. Yikes! I wonder what the administration will do to him.
    wral.com
    A member of the Duke University men's lacrosse team has been indefinitely suspended from the team after being charged with drug possession and driving while impaired.


    Re: Today's Duke Lacrosse Opinions (none / 0) (#244)
    by azbballfan on Sat Jun 03, 2006 at 12:14:23 AM EST
    IMHO, Sad thing, it took less than 24 hours after the suspended Duke lacrosse team was reinstated for a player to be suspended for off campus behavior. The turmoil continues.

    Re: Today's Duke Lacrosse Opinions (none / 0) (#245)
    by Talkleft Visitor on Sat Jun 03, 2006 at 12:22:59 AM EST
    This thread's filled up. Here's a new one to keep the conversation going.