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Friday, July 14, 2006

Duke Case: Cleaning House

Durham Police Chief Steve ChalmersDurham Police Chief Steve Chalmers says he will retire from his post next year.

Chalmers says he plans to leave the police department in December 2007. He has served as police chief since his appointment in 2002.

Chief Chalmers actually retired about a year ago. He sent the paperwork in and headed off to his bass boat. Unfortunately, there was a bureaucratic snafu and the paperwork was lost. Hard to believe that could happen in Durham, right. He's been told to resubmit his paperwork and everything should be processed and finalized by December 2007. No need to come in from the bass boat.

Michael J. Gaynor says Collin Finnerty's D.C. assault conviction is a disgrace:

The trial itself and the conviction are travesties of justice for at least three reasons:

(1) Mr. Finnerty's plea deal (25 hours of community service to put an end to the very expensive nuisance) should not have been voided under the circumstances (the accuser's identifications having been the result of an unconstitutionally suggestive identification procedure and the accuser and her story being dubious and unsupported by physical evidence, another person or a polygraph test),

(2) the judge (Judge John H. Bayly, Jr.) who decided the case behaved oddly (one example: he seemed obsessed with the possibility (NOT reality) that Mr. Finnerty may have violated the curfew he imposed on Mr. Finnerty, to the point that he stated in open court that he would check out a lead he had gotten from an unchecked item posted on the Wonkette website); and

(3) the judge was blind to the ample reasonable doubt established by multiple defense witnesses who were present, the chief complainant's personal history, and Mr. Finnerty's unrebutted character witnesse (Father James Williams, the head of Chaminade, and Michael Hannan, the father of Mr. Finnerty’s girlfriend Jessica, praised Mr. Finnerty as peaceful and nonviolent and a gentleman) and his very impressive and unblemished record at the time of the incident.
Wonkette's - An Open Letter to the Judge Who Quoted Us in Court:
Anyway, it’s come to our attention that a li’l post of ours was, well, quoted (misquoted, but we’re not angry) in court. By you. And you, via us, kinda made it seem like Mr. Finnerty violated his court-ordered curfew. That post was part of a regular feature we do called Wonk’d, in which readers like you send in real-life sightings of famous and famous-for-DC people. Then we print them. With very, very little editing, and absolutely no fact-checking.

Kimberly GuilfoyleKimberly Guilfoyle at Fox News answers the mail bag regarding the Duke case:
It's been a busy week for 'The Lineup' mailbag! The Duke case still has people scratching their heads in wonder at the ongoing investigation. Will DNA evidence solve this case?

E-mail No. 1

What I would like to know is how can these young men still have a case against them when people are being released from prison everyday because DNA evidence shows they didn't commit the rape...

Answer:

...I am disheartened that this case has not come to a just resolution in the face of such obvious inconsistencies, credibility problems, timeline conflicts and what appears to be a lack of forensic and eyewitness evidence to support the accusers story....

Wendy McElroy of Fox News was asking a few days ago if the talk of a civil suit against Mike Nifong had a chance:
If all charges are dropped or if the accused are acquitted, can the accused young men sue Nifong for malicious prosecution?

The answer appears to be, 'perhaps.'

How things have changed. Two months ago the talk was that perhaps the accuser, Crystal Gail Mangum, or her family was planning on filing a civil suit.

Back in May Wendy McElroy wrote:
A man stands in the background of the Duke Lacrosse 'rape' case…watching. While the alleged rape of a black woman by three wealthy, white male students remains in criminal court, he is not likely to step forward.

He specializes in civil cases, and a 'victim' who seeks monetary damages in civil court usually waits for criminal proceedings to conclude.

Even at this early stage, however, the accuser's mother is "very much interested" in "getting [him] involved."

Nicknamed "the Giant Killer," attorney Willie E. Gary is a litigator...

Ms. Mangum needs to worry about her own legal position regarding making false statements, false charges, and trying to profit from a fraud. Her parents saying they were "very much interested" in pursuing a civil suit scam is brazen.

Many are starting to wonder: How Much is this Farce Costing Taxpayers?

It would serve justice if Mr. Nifong and Ms. Mangum were both slapped with civil judgements following their criminal prosecution when this fraud is finally unraveled.

sources:
Chalmers to Step Down in '07 [abc11tv.com, July 14, 2006]
Collin Finnerty's D.C. Assault Conviction Is The Disgrace [Michael J. Gaynor | TheConservativeVoice.com, July 14, 2006]
DNA and Duke... [FoxNews.com, July 14, 2006]
Whither the Duke [FoxNews.com, July 11, 2006]
Is 'Duke' Case Headed to Civil Court? [FoxNews.com, May 16, 2006]

Duke Lacrosse
[TJN Archive]

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