Thread: Isn't This Racism ??

Originally Posted by Jolie Rouge

As Duke rape case unravels, focus turns to prosecutor
Wed Dec 27, 8:22 AM ET

Last March, when a young black woman who had been hired to strip at a Duke University lacrosse team party accused three white players of raping her, the case became a national sensation. The instant storyline was one of jocks gone wild, with echoes of North Carolina's sorry racial past.

Today, the case is looking less like a vicious crime perpetrated by privileged athletes and more like an example of prosecutorial misconduct by the local district attorney. More broadly, its handling shows the danger in making snap judgments and should give pause to anyone who cares about fairness in the legal system.


It's possible, of course, that Durham County District Attorney Mike Nifong has damning evidence that hasn't been disclosed publicly. But his record so far reflects these questionable actions:

• Rushing to judgment. When the case erupted nine months ago, Nifong shamelessly exploited the racially charged atmosphere in the middle of an election campaign, calling the accused "hooligans" and likening the incident to cross burnings. He obtained grand-jury indictments against three of the players. Then, on the Friday before Christmas, he abruptly dropped the rape charges after the accuser told investigators that she's no longer certain that she was penetrated by a penis, the legal definition of rape in North Carolina. Despite inconsistencies in the accuser's accounts, Nifong said he would pursue kidnapping and sexual offense charges that carry similarly severe penalties.


• Bringing charges based on flimsy evidence. The 28-year-old accuser has given several contradictory versions of the incident. She first told authorities that 20 men had raped her, then that no rape had occurred and finally that three men raped her.

Her identification of the men derived from a biased photo lineup that included only team members. At one point, she identified as an assailant a young man who wasn't even at the party. A fellow stripper initially told police the accuser's story was a "crock."


• Sitting on evidence. DNA tests turned up no link to the lacrosse players. The head of a lab retained to analyze DNA samples testified Dec. 8 that he and Nifong intentionally excluded from a report the finding that the accuser's clothes and body had DNA from other, unidentified males. Nifong had known of the complete DNA report for seven months and previously told a judge that he'd turned over all relevant evidence.


Even if the remaining charges are ultimately dropped - the next hearing is scheduled for Feb. 5 - the damage has been considerable. The three accused players face at least 12 years in prison. The lacrosse team's schedule was cancelled last season. The coach resigned. Duke's reputation was stained.


The school's lacrosse team isn't angelic. Some of its conduct - hiring strippers, underage drinking, use of racial slurs and crude e-mails - fueled the outrage. Lawyers for the accused players have been skillfully releasing evidence favorable to their clients and may be holding back less flattering information.


Even so, Nifong's performance raises so many troubling questions that it's time for the North Carolina Bar Association to investigate and for Nifong to step back from the case. If he won't go voluntarily, a judge should replace him.


Being a prosecutor doesn't mean simply trying to win convictions or blindly accepting the word of a troubled accuser. It means respecting the rights of defendants and setting aside political expediency. Most of all, it means seeking justice and the truth, even in a charged atmosphere where many have jumped to conclusions based on stereotypes.

http://news.yahoo.com/s/usatoday/200...nstoprosecutor

Had this been three young black athletes facing the same situation, Jackson and Sharpton would have been all over this - and it would have been all about the "race card"...

Duke invites 2 lacrosse players back
By AARON BEARD, Associated Press Writer
1 hour, 22 minutes ago

RALEIGH, N.C. - Duke University has invited two of the lacrosse players accused of sexual assault to return to school as students in good standing, a defense attorney said Wednesday.

Collin Finnerty and Reade Seligmann had been barred from attending class during the fall semester while their case made its way through court. The third player charged in the case, Dave Evans, graduated in May, the day before he was charged with raping a stripper at a team party in March.

Rape charges against all three players were dropped last month, after the accuser said she could no longer remember some details about the case. The men are still charged with sexual offense and kidnapping. "As circumstances have evolved in this extraordinary case, we have attempted to balance recognition of the gravity of legal charges with the presumption of your innocence," Larry Moneta, Duke's vice president for student affairs said in a letter to Seligmann dated Tuesday.

"Now with the approach of a new term, we believe that circumstances warrant that we strike this balance differently. At this point, continued extension of the administrative leave would do unwarranted harm to your educational progress."

Seligmann's attorney, James P. Cooney III, said Finnerty received the same offer.

As for whether Seligmann would accept the offer and return to school, Cooney said: "He's considering his options."

Duke officials had no immediate comment.

Finnerty's attorneys did not immediately return a call. Nor did District Attorney Mike Nifong.

http://news.yahoo.com/s/ap/20070103/...uke_lacrosse_3

Originally Posted by MIKAER

appeal to ignorance [ie no evidence is not evidence] lack of DNA does not mean lack of rape it just means no DNA

But there was DNA evidence. From 3 donors. None of which match the accused. None of which match any male tested (with the exception of one) at the party. I previously stated that a rape may have occured. If there was a rape, I doubt, however, that the rape was perpetrated by any of the accused. DNA samples were taken from her clothing, skin, under her nails, anally, vaginally, purse and cell phone. Nothing matched any of the members. Nothing. If these were the drunken frat boy (mentality) we are led to believe by the prosecution, why is there nothing. They all wore gloves? They all wore condoms? They managed to get any DNA off of her, except from the 3 mystery donors? Who are the three donors? None of these men. I don't believe that ignorance comes in to play here at all. I find it highly doubtful that this woman was beaten, strangled, penetrated (well, now she says no) and that not a single strand of DNA exists, yet DNA does exist. Just not from these men. My personal opinion is that she thought she could make an accusation, get a little payout from the rich white kids at Duke, and make it all go away. Funny, she did get a payout, her college tuition is all nice and paid for.

[QUOTE=MIKAER;95500473]

Originally Posted by LuvBigRip

But there was DNA evidence. From 3 donors. [/ QUOTE]
all accounted for prior too event all protected from courts and media under RSL all not of interest to the case.

Funny how that RSL protects the three other donors. Whose to say that they didn't rape her, and she is afraid of them and is using the Lacrosse team as scape goats. Personally, I find that of enormous interest. Again, just trying to cash in.

Originally Posted by LuvBigRip

But there was DNA evidence. From 3 donors. None of which match the accused. None of which match any male tested (with the exception of one) at the party. I previously stated that a rape may have occured. If there was a rape, I doubt, however, that the rape was perpetrated by any of the accused. DNA samples were taken from her clothing, skin, under her nails, anally, vaginally, purse and cell phone. Nothing matched any of the members. Nothing. If these were the drunken frat boy (mentality) we are led to believe by the prosecution, why is there nothing. They all wore gloves? They all wore condoms? They managed to get any DNA off of her, except from the 3 mystery donors? Who are the three donors? None of these men. I don't believe that ignorance comes in to play here at all. I find it highly doubtful that this woman was beaten, strangled, penetrated (well, now she says no) and that not a single strand of DNA exists, yet DNA does exist. Just not from these men. My personal opinion is that she thought she could make an accusation, get a little payout from the rich white kids at Duke, and make it all go away. Funny, she did get a payout, her college tuition is all nice and paid for.

There ya go.......case closed.

Originally Posted by pepperpot

There ya go.......case closed.

LMAO.

[QUOTE=MIKAER;95500494]

Originally Posted by LuvBigRip

link?

What link?

[QUOTE=LuvBigRip;95500505]

Originally Posted by MIKAER

What link?

Oh, you mean you don't understand the concept of original thought? I don't need a link to support my own theory. I also make my own statements.