Duke Lacrosse Defendants Cleared: They are Declared Innocent

By Jeralyn, Section Duke Lacrosse
Posted on Wed Apr 11, 2007 at 01:40:39 PM EST
Tags: Duke Lacrosse, Mike Nifong (all tags)

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The North Carolina Attorney General's office is making its announcement on the outcome of its investigation into the Duke lacrosse players alleged sex assault case.

You can watch live here.

I'll be live-blogging.

What reason will they give? Will it be lack of evidence to support the charges, a conclusion that the accuser was lying, or that the accuser has asked them not to proceed (a la Kobe Bryant)? Or something else?

I hope they say more than "after conducting through interviews of all involved and the witnesses, we have concluded that we are not likely to prove the case beyond a reasonable doubt."

In other words, will they have the guts to exculpate the players or will they hide behind the "not provable" scenario? (Update: Yes they do, Kudos to the AG's office.)

Ok, live-blogging below the fold.

12: 38 pm:

Roy Cooper: On Jan 13 I agreed to take over the cases, promising a fresh and thorough review of the facts and recommend the best way to proceed.

During the past 12 weeks, we have reviewed the remaining allegations of sexual assault and kidnapping. We reviewed the DA's and police evidence and conducted our own investigation.

We've interviewed people at the party, the DA, police officers, the accuser on several occasions, revieweed dna evidence and records.

The result shows clearly there is insufficient evidence on any the charges. We are filing dismissal of all charges against the three defendants. The cases are over and no more criminal proceedings will occurs.

The cases were the result of a tragic rush to accuse. There are significant discrepancies in the evidence.

We believe the three indivicuals are innocent of the charges.

The inconsistencies were so significant that we have no credible evidence that an attack occurred in that house that night.

The accuser wanted to go forward, but the contradictions in her account and the physical evidence could not be reconciled.

No evidence supports her version. The evidence contradicts her. She contradicts herself.

The eyewitness identification process was flawed.

The DA went ahead unchecked. Caution would have been better than bravado. He lost the ability to see clearly.

Whatever the reasons the case was pushed forward, the result was wrong. We must make sure it doesn't happen again.

2:42 pm He proposes a law that North Carolina can remove a prosecuctor from a case in appropriate circumstances. We will distribute a fact summary sheet next week. Questions. We have cleared the defendants of all of these charges. It's important to note Nifong is facing ethics charges. A lot of people owe apologies. They should consider giving them. The accuser may believe the many stories she has been telling. We aren't going to charge her with a crime.

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Duke Lacrosse Defendants Cleared: They are Declared Innocent | 31 comments (31 topical)

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Thanks J. (none / 0) (#1)
by sarcastic unnamed one on Wed Apr 11, 2007 at 02:03:36 PM EST

This seems to be (none / 0) (#2)
by scribe on Wed Apr 11, 2007 at 02:51:09 PM EST

about the best one could hope for.

Coming from the government, what he's said is a lot. I'm glad the government had the moral courage to do this.

Wow (none / 0) (#3)
by pontificator on Wed Apr 11, 2007 at 03:02:26 PM EST

That's an unusually strong statement for a prosecutor to make in dismissing charges. Unusually strong.

I especially like the fact that they stated that the witness identification procedure was flawed.

Called my Duke buddy (none / 0) (#4)
by TexDem on Wed Apr 11, 2007 at 03:34:52 PM EST

Offered my congrats. (I'm a Tarheel) These guys did not deserve this. Nifong, deserves whatever is coming his way.

Good statements coming from the guys.

The wheels of justice were greased (none / 0) (#5)
by bx58 on Wed Apr 11, 2007 at 05:23:27 PM EST

with money in this case. Justice was served.

They did no jail time and they'll probably do all right.

How many people get hammered who have no money/public defender who is overworked or doesn't care?

Courts in this country are money-mills. Sharks wearing suits.

I'm not sure what is worse... (none / 0) (#6)
by SAPlonski on Fri Jun 15, 2007 at 01:42:46 PM EST

I'm not sure what is worse...these guys being wrongly accused of rape or them now being protrayed as perfect angels with theirs lives ruined. Aren't these the same guys that had a party with paid strippers, underage drinkers, and an abundant use of racial slurs?

Yep, except that none of the falsely accused - (none / 0) (#7)
by sarcastic unnamed one on Fri Jun 15, 2007 at 02:03:10 PM EST

you know, the three guys we're talking about - actually "had" the party nor used any racial slurs.

And I don't think there is any evidence that any of the three falsely accused even had anything to drink, although common sense would suggest they probably did.

And at least one of the falsely accused was not underage, if memory serves.

So, in essence, the answer to your questions is: No, these are not the same guys.


Hey Sarc, (none / 0) (#8)
by Peaches on Fri Jun 15, 2007 at 02:26:48 PM EST

I'm just curious if you think this is contradictory or if I'm off my rocker.

You think it is worthy trade-off in cases of Capital Punishment for an innocent person to be put to death by the state, if a greater number of innocent people are saved by Capital punishment in general.

Maybe, my assessment is wrong, but you seem more outraged by these three young white males being falsely accused (don't get me wrong, I am think it was wrong that they were falsely accused too) than by the idea that someone on Death Row is innocent or that the people on Blacks and other minorities make up a greater percentage of people on Death Row than in society.

Lets just say we took a really aggressive stance against crimes that were committed where females were victims. And even in the case of where the victims were minorities and sex workers, we had an overreaching goal in society to lower the number of rapes and sexual assaults of women. If we were able to do that and the number of women sexually assaulted dropped substantially, but it meant that small number of men would be falsely accused, would this be an acceptable trade-off?


Peaches, (none / 0) (#12)
by sarcastic unnamed one on Fri Jun 15, 2007 at 03:12:49 PM EST

I freely admit that my position on CP is not without significant drawbacks.

I have several valid arguments against my position that no one's even brought up.

However, my CP position is based of the idea that murder is the worst thing that man can do to man, and the fewer of them that occur, the better off mankind is.

This is my position on murderers and CP only, no other crime, in my book, is even in the same league.

The tug-of-war with CP, to me, is between relative comparables; murder and murder, ie., between murder by the state and murder by its citizens.

Not between what are to me relative non-comparables, ie., rape and false accusations.

My "outrage" over this case has nothing to do with race and frankly, I'm more than a little disappointed in you that you would even suggest it.

My "outrage" is that these guys are unquestionably innocent - not that they might be innocent, nor that even if they were guilty that others with similar guilt go free.

I must admit that when the story broke I was outraged. Disgusted, actually, with the three guys. When it became patently obvious that the accusations were complete lies, I became "outraged" all over again but in a different way in response.

What can I say, this case is unique in a number of ways. The main one, with respect to your comments, is that the intimate details of it have been thoroughly and exhaustively explored right here on TL and TL's Duke blog for over year now.

Through the intense and ongoing coverage of this case by TL I've become connected to it in a much deeper way than I might to other less know cases.

I hope other innocence cases are explored in similar depth here and I would expect to become similarly connected to them.


My outrage (none / 0) (#14)
by Peaches on Fri Jun 15, 2007 at 03:39:41 PM EST

followed a similar trajectory to yours.

I was just curious and I wasn't attempting to call you a racist or anything even close to that. But, race cannot be completely separated from this case or from the issue of Capital punishment.

I was just wondering if you thought about it. You know, what is it that makes us outraged. I think it is how closely we can personally identify with a victim. I am white and middle class and have a post graduate education. I can certainly identify with the three young men. Except for the fact that I am not comfortable with being in a group of other men sexually aroused, I can empathize with being in a situation where my intentions could be misconstrued and being falsely accused by a party when I was young and full of hormones and not in possession of my best wits due to the consumption of alcohol and being in the wrong place at the wrong time. In some ways what happened to these three young men seems random and we can feel or empathize with their situation.

But, I can also extend my empathy to others who do not share similar backgrounds. I think we all can, but sometimes it is hard to relate to others from other cultures or someone who lives on the other side of the world. We don't empathize with someone who would put themselves in a position to be accused of a capital crime, even if they are innocent. I admit that your calculation for deciding your position on CP is perfectly rational. I am just questioning your outrage and not to be a prick, but because I think your reaction is very human and we all share a certain portion of it.

My question on tradeoffs was meant to be inciting because it plays on emotions.

If White Men were proportionally represented on Death Row for crimes at a greater rate than they are represented against society and Capital Punishment was more likely if the victims were black, I propose many white men would be morally outraged and wouldn't make rational calculations of innocent lives saved vs innocent lives lost in CP cases.

That's my theory. And, although you have no control over how I form hypotheses, I use your greater outrage over the three white men falsely accused of a rape of a black stripper than the many instances where the guilt of Black Men (e. g. Kevin Cooper in CA) on death row is equally questionable as evidence to continue to hold my theory. This does not mean I hold contempt for your views. I disagree with them and I just attribute your views to a bias that is very human and give myself a pat on the back for either the real or perceived thought that I have somehow slightly overcome this human inconsistency.

But, I could be fooling myself


Peaches. (none / 0) (#16)
by sarcastic unnamed one on Fri Jun 15, 2007 at 04:02:06 PM EST

I certainly admit to being more connected to people and issues that I am more familiar with.

That's my theory. And, although you have no control over how I form hypotheses, I use your greater outrage over the three white men falsely accused of a rape of a black stripper than the many instances where the guilt of Black Men (e. g. Kevin Cooper in CA) on death row is equally questionable as evidence to continue to hold my theory.

But, see there, you've done it again. I believe they call that a strawman.

An accurate and truthful statement would be

I use your greater outrage over these three men falsely accused of a rape, who you know alot about, than the many instances where the guilt of Men (e. g. Kevin Cooper in CA - whom you have no knowledge of) on death row

Or something like that. But of course, that wouldn't support your race theory.

My theory is that you've stopped beating your wife, am I correct? ;-)


Well, (none / 0) (#18)
by Peaches on Fri Jun 15, 2007 at 04:16:43 PM EST

as you say about your views on Capital Punishment, and I allude in the doubts when I expressed my theory, I am aware of the weaknesses in my views.

Strawman arguments and the proliferation of accusation of strawman arguments during internet discussion makes the term as meaningless the "Do you beat your wife question" in my opinion.One day I will write a Peaches Law based on Godwin's template. I usually attribute it to my interlocutor being unsophisticated. In your case I will just say, in this case, its Friday and your lazy. ;)

If you are not aware many cases where the guilt of someone on Death row or someone who has been executed is in doubt, this is further evidence for my theory I'm afraid.


Peaches (none / 0) (#21)
by sarcastic unnamed one on Fri Jun 15, 2007 at 04:36:07 PM EST

I think you must be too busy at work today, you missed the point.

For me to presume you beat your wife has as much validity as you to presume that I feel more outrage for the three Duke guys than I do for Keven Cooper because of their respective races.

Honestly, if you don't get that I don't know what to say.


I don't get your point (none / 0) (#22)
by Peaches on Fri Jun 15, 2007 at 04:44:09 PM EST

Because I don't beat my wife, but you have expressed outrage in this case and also expressed that you are content knowing the innocent people will be executed in Capital punishment cases if it means that more innocent people will be saved.

We also know that statistically Black men over-represent inmates on Death row and a Capital punishment is more likely if the victim of a capital crime is white. That makes race relevant in cases of Capital punishment.

Those are my points, not whether or not you are outraged in Kevin Coopers case. Kevin Cooper was one example.


You are right, you don't get my point. (none / 0) (#24)
by sarcastic unnamed one on Fri Jun 15, 2007 at 04:54:46 PM EST

I'm outraged over the Duke case, specifically, because I've learned so much about it and the people involved through TL, than I am about people I don't have same level of knowledge about.

I look forward to you or TL starting a similar
campaign about Cooper, or anyone else you so chose, so I can learn the intimate details of their factual innocence and feel a similar connection.

Whether or not you judge my outrage sufficient is not something I can control.


The reason we are argung past each other (none / 0) (#25)
by Peaches on Fri Jun 15, 2007 at 05:05:57 PM EST

is because you are focusing on individual cases. I am talking about trends. I am not questioning your outrage on individual cases. or saying you wouldn't be outraged if you were adequately informed about an individual case where a black man who was wrongly accused.

I am suggesting that you freely admit that individuals who are innocent may be executed by CP. And we know some things about race and therefore the race of the innocent in CP cases is more likely to be Black. You prefer to focus on specific cases. I am making allusions about social trends and the part Race plays in the views we hold. As my theory below and above says. Your views are not key components of the evidence for my views, they merely add one small part to them.


Speaking for my half fo the discussion (none / 0) (#26)
by sarcastic unnamed one on Fri Jun 15, 2007 at 05:43:45 PM EST

Because you chose to include me, specifically, in your racial commentary:

and, even after I pointed it out to you, you did it again:

I use your greater outrage over the three white men falsely accused of a rape of a black stripper than the many instances where the guilt of Black Men (e. g. Kevin Cooper in CA) on death row is equally questionable as evidence to continue to hold my theory.

I chose to respond specifically to that. If you had not included me, speficically, in your commentary, I would probably have just nodded and moved on.


Just to be clear (none / 0) (#27)
by sarcastic unnamed one on Fri Jun 15, 2007 at 05:59:07 PM EST

I am making allusions about social trends and the part Race plays in the views we hold. As my theory below and above says. Your views are not key components of the evidence for my views, they merely add one small part to them.

Your theory is race-based, my views - in the cases you cited to support your theory - most assuredly are not, therefor my views are no part at all of your theory.

I won't debate this theory of yours about social trends, but I will vigorously debate your back-door effort of trying to include my non-race-based views in that theory.


Your apparent offense (none / 0) (#28)
by Peaches on Mon Jun 18, 2007 at 08:30:36 AM EST

for using your views as evidence for my theory, further supports my theory.

Go back and read what I said. I went out of my way to say I was not accusing you of being a racist. All my theory suggests is that race plays a part of the outrage we feel over the injustices.

There is nothing wrong with this, unless we refuse to confront it and think about it. Anyone here who has paid any attention to your views should notice this contradiction and race plays a part, although it may be a small part. Whenever a case is brought up over a CP case, you immediately begin to take a rational approach and research the evidence. There is nothing wrong with this. If there are ambiguities in the case your fall back position is that this is one case and you awre willing to let a small number of condemned to undergo execution by the state if all judicial procedures have been legally exhausted. If doubt still exists in the case, so be it - because the number of innocent lives saved is greater than the number of innocent lives lost.

My theory only suggest that your rational approach to CP is made easier because the race of individuals on Death Row is different from your own and if the statistical demographics were reversed your outrage would be similar to what you feel about the Duke defendants.

From the beginning I have made it know that I have doubts about my theory and I was incriminating you with anything other than that race plays a part in how you respond to injustice. THat you are offended, I probably could have guessed. For some reason we humans don't like to face the part of us that seems contradictory and we want to belive we can always be rational - but we not only are not, we actually cannot be. We are emotional animals first and foremost.

As an aside, I wonder how many district or prosecuting attorneys were disbarred and hung out to dry for putting together a case that was completely fabricated against black men against white victims? My guess is one or a percentage that is insignificant compared to the number of DAs and Prosecuting attorneys who acted similarly to Nifong in a scenario of Black on white crime. My theory suggests that this is because there is not the same outrage in our society for White on Black crimes as there is over Black on White crimes.


OK, one last try, and then I think I'm done... (none / 0) (#30)
by sarcastic unnamed one on Mon Jun 18, 2007 at 01:07:50 PM EST

My theory only suggest[s] that your rational approach to CP is made easier because the race of individuals on Death Row is different from your own and if the statistical demographics were reversed your outrage would be similar to what you feel about the Duke defendants.

What your theory suggests, with regard specifically to me, is wrong. Whether you choose to accept it or not.

I'd have the same non-racial view about CP regardless of the racial demographics of those actually on DR. Racial demographics were - and are - no part of my viewpoint.

If all black DR inmates were magically removed from DR today, tomorrow I would still have the same CP views of those who remain.

I don't expect you to accept that this as being so, but I do accept that there is nothing I can do about it.


And (none / 0) (#31)
by Peaches on Mon Jun 18, 2007 at 02:04:47 PM EST

I was never asking you to anything different. I mean to expect that you might change my view or I ight change yours. I merely attempt to understand your view.

As I say below. Your position on CP is baffling to me for a couple of reasons.

You are rational
I don't consider you a racist

So, I have a theory about it? Why should you care?... Unless...?

Well, we needn't go on and on, but we each get each others point, now, at least.


And also just to be clear, (none / 0) (#29)
by Peaches on Mon Jun 18, 2007 at 08:56:01 AM EST

The reason I am using you is because I have always been baffled by your position on CP. Not your support for it, but your contention that you can still support it even if we cannot be assured that innocent people will not be executed by the State, because you believe more innocent lives are saved because of CP even with LWOP.

It is because I respect your views and think your come to your positions rationally that I found it necessary to use your views as support for my theory - which really is not my theory at all, but just a restatement of common sociological and anthropological assumptions on ethnocentrism.


And, my theory was (none / 0) (#23)
by Peaches on Fri Jun 15, 2007 at 04:52:37 PM EST

If White Men were proportionally represented on Death Row for crimes at a greater rate than they are represented in society and Capital Punishment was more likely if the victims were black, I propose many white men would be morally outraged and wouldn't make rational calculations of innocent lives saved vs innocent lives lost in CP cases.


I appreciate your reply.... (none / 0) (#9)
by SAPlonski on Fri Jun 15, 2007 at 02:31:35 PM EST

I appreciate your reply and apologize for the insinuation that they were the underage drinkers or having the party. However it has been stated that they used racial slurs. I do not support Nifong's prosecution and hope he will be disbarred for his actions. However, there is more then the false rape charge bothering Duke University supporters. Duke students were finally shown to be just like all other college students in making poor choices. They drink alcohol, have parties, hire strippers, and use language considered by most inappropriate as much as any Tarheel or Wolfpack. I refuse to feel sorry for kids that put themselves in a bad situation whether they are from Duke or the local community college.


May I ask.... (none / 0) (#10)
by kdog on Fri Jun 15, 2007 at 02:44:53 PM EST

Why is drinking alcohol a poor choice? Done responsibly, there is absolutely nothing wrong with drinking.

Why is having a party a poor choice? Who doesn't like a good party?

Why is hiring a stripper a poor choice? As long as all parties are consenting and treated repectfully, it can be harmless fun.

I don't mean to nitpick but there is more than one way to live, and different ways aren't necessarily "poor choices". For example, I might say spending your entire college experience in the library is a poor choice, but that would be presumptious on my part.


: Good point.... (none / 0) (#11)
by SAPlonski on Fri Jun 15, 2007 at 02:52:18 PM EST

except when it's in excess. I know I saw plenty of it when I was in college. I just don't like hypocrites and there are a lot of them coming out of Durham.

SAP (none / 0) (#13)
by sarcastic unnamed one on Fri Jun 15, 2007 at 03:21:27 PM EST

However it has been stated that they used racial slurs.

No.

With respect to the three falsely accused, it was claimed by the false accuser, ie., lier that the three used racial slurs while they brutally and simultaneously gang-raped and beat her.

As it is a fact that they did not brutally gang-rape and beat her, it should be no suprise to anyone that they also did not use racial slurs while they did not gang-rape and beat her.

Her claims are lies.

These three guys did not use racial slurs.


It's in the records stated by the defendants (none / 0) (#15)
by SAPlonski on Fri Jun 15, 2007 at 03:50:50 PM EST

If so, I am completely unaware if it and sincerely (none / 0) (#17)
by sarcastic unnamed one on Fri Jun 15, 2007 at 04:05:27 PM EST

apologize.

However, you must link us to that record or your claim has no validity.


If you post a linik (none / 0) (#19)
by Jeralyn on Fri Jun 15, 2007 at 04:19:25 PM EST

you must put it in html format.

The Duke forums are open by the way and don't have these restrictions.


: Thanks J (none / 0) (#20)
by sarcastic unnamed one on Fri Jun 15, 2007 at 04:25:20 PM EST

fwiw, here's my standard "How to Link" instructions:
To link, with apologies if it's too basic:
-highlight the URL of the web-page that you want to link to.
-copy the URL ("edit" then "copy").
-come back to TL and write something in the "Comments:" box.
-highlight the word(s) in that comment that you want to be the link.
-click the "URL" button above the "Comments:" box, it's the button that has
an icon that looks like some links of a chain.
-hold down the "Ctrl" button on your computer's keyboard and then type "v".
-click "OK."
-click the "Preview" button below the "Comments:" box.
-if the preview looks good - ie., the word(s) you selected to be the link
are a different color from the rest of the text - click the "Post" button
below the "Comments:"
box.