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Wednesday, December 13, 2006

Duke Hoax: Day #239

"I want this Nifong in jail" - Bill O'Reilly
Updated - today's items:

Duke Lacrosse Players' DNA Not on Accuser, Defense Says
— A defense motion filed Wednesday in the Duke lacrosse rape case says a second round of DNA testing found genetic material from several males in the accuser's body and her underwear -- but none from any team member...

News & Observer, documentation:
Motion To Compel Discovery: Expert D.N.A. Analysis (.pdf, 17 pages, Dec 13, 2006) -
DNA Security identified DNA from multiple males in the accuser's anus, in her pubic region, and on her panties. Enough of that DNA existed for DNA Security to conclude that none of it matched the Defendants, their teammates on the 2006 Duke University Men's Lacrosse team, or anyone else who submitted a DNA sample in the investigation.

This is strong evidence of innocence in a case in which the accuser denied engaging in any sexual activity in the days before the alleged assault, told police she last had consensual sexual intercourse a week before the assault, and claimed that her attackers did not use condoms and ejaculated...
Key DNA Evidence in Duke Rape Case Withheld From Defense for Six Months, Lawyers Charge
Greta Van Susteren (10:45 EST) - panel discussed Jones letter
related - LieStoppers: Terrible segment

Bill O'Reilly, with Geraldo (8:42 EST) - "I want this Nifong in jail"
O'Reilly: I want this Nifong in jail.

And I want you and Greta to put him there. All right? That's not too much to ask?
Andrew P. Napolitano (5:35 EST) - Nifong should be investigated

Shepard Smith - The accuser has told a lot of stories . . . A look back at them, all of them.
> Meehan, DNA Security, Letter to Nifong (Oct. 17th) (.pdf)
> DNA Security Item Log (list of items tested) (.pdf)
> ADA David Sacks, petition for DNA testing by DNA security, April 5, 2006 (.pdf)
> Michele Soucie Note, April 4, 2006 (.pdf) - DNA Security: "Can possibly adjust price because they would really like to be involved in the case."

KC Johnson:
DNA Motion (see comments)— in September, why did Nifong resist so strenuously the turning over of all the DNA files to the defense if he had nothing to hide? These issues, it seems to me, are ones that federal investigators could legitimately explore at this point in time.

TalkLeft DNA forum:
Cash Michaels — The day after Thanksgiving (Nov. 24), I attended a birthday party in Raleigh for a close friend. Close to the end of the party, a gentleman from Durham I know well and trust implicitly, took me to the side, told me he knew one of the technicians at the Burlington lab that did the second set of DNA tests, and that more DNA had been determined, but the results hadn't been made public yet. He didn't know why....When I previously said I didn't know which way this would cut, that's why....
Neff & Niolet, News & Observer:
Lab in lacrosse case found many DNA sources — A private laboratory hired by the prosecution in the Duke lacrosse case failed to report that it found DNA from multiple males in the accuser's body and underwear, according to a defense motion filed today.

The lab, DNA Security of Burlington, found that the DNA did not match the three defendants, their lacrosse teammates or anyone else who submitted their DNA to police, including the accuser's boyfriend.

The new evidence emerged in thousands of documents handed over to the defense in October.

"This is strong evidence of innocence in a case in which the accuser denied engaging in any sexual activity in the days before the alleged assault, told police she last had consensual sexual intercourse a week before the assault, and claimed that her attackers did not use condoms and ejaculated," said the motion, which was signed by lawyers for all three defendants....
LieStoppers blog: How Does DNA Exonerate You?
LieStoppers discussion: More DNA evidence!, The lab Nifong hired "forgot" to report
FreeRepublic: Lab in lacrosse case found many DNA sources
TalkLeft discussion: Lab in Lacrosse Case Found Many DNA Sources
Flashback - N&O (Sept 22nd): Coveted details in lacrosse case stay under wraps - "Also on Friday, Nifong took a jab at defense lawyers when they sought more information about DNA testing..."Nifong answered that it was ironic that the attorneys now want the "typical witch hunt list" to cast doubt on how the DNA was tested"

Mike McCusker, Crystal Mess:
I Feel The Earth Move Under My Feet... (see comments) — Just reported on FoxNews: Defense counsel are submitting a joint motion to dismiss. 'Bout F'ing time! Mikey's gotta lay bare his proof and show that the allegations set forth in the pleadings are real and may be sustained, beyond a reasonable doubt, upon a trial of the claims...."66 new pages of motions..."
LieStoppers discussion: ...joint motion to dismiss

Carolyn Elefant, Law.com blog:
The Duke Lacrosse Saga, Nine Months Later - As Mike Cernovich posts here at Crime and Federalism, William Anderson is an economist -- and yet he's been writing about the 2006 Duke lacrosse team scandal for nine months now, with 21 articles on the topic.

KC Johnson:
Live Blogging — I will be leaving for Durham tonight after my last class; and will be live-blogging the hearing on Friday, as well as any pre-hearing motions or other events that emerge. Posting will resume on a regular schedule Saturday with a wrap-up post of the hearing....

-More stories about the Jones letter

La Shawn Barber:
Congressman’s Request to DOJ: Investigate Mike Nifong — My opinion of this case, especially of the stripper-accuser, is well-documented (30 posts and counting). In fact, I’m scheduled to be interviewed this afternoon for a story about the case, so hopefully, my views will be on national record. What’s happening in Durham is akin to what happened 75 years ago to the “Scottsboro Boys.” No matter how much hate e-mail I get, I’ll continue comparing the two cases...

Betsy Newmark, Betsy's Place: Investigate Mike Nifong

KC Johnson: The Jones Letter

WRAL (AP): Jones Asks U.S. Attorney General To Examine Duke Lacrosse Case
Newsday: N.C. pol asks feds to probe DA in Duke case

Updated - yesterday (12/12):

Walter B. JonesWalter B. Jones, Congressman, NC 3rd district:
JONES REQUESTS FEDERAL PROBE INTO PROSECUTION OF DUKE ATHLETES — In a letter to U.S. Attorney General Alberto Gonzales, Third District Representative Walter B. Jones (R-NC) requested an inquiry into Durham County, North Carolina District Attorney Mike Nifong’s prosecution of three Duke University student athletes accused of an alleged sexual attack on a woman at a party earlier this year. Specifically, Rep. Jones asked the Attorney General to review Mr. Nifong’s conduct to determine if it constitutes prosecutorial misconduct and has denied the students their civil rights as U.S. citizens under federal law.

News & Observer: Jones Letter (pdf) — Dear Attorney General Gonzalez:...
Joe Neff, News & Observer: Jones asks for lacrosse inquiry
Bill Stagg, Herald-Sun: Inquiry of Nifong eyed over lacrosse
Duke Chronicle: Rep. Jones asks for investigation into Nifong's conduct
Mike McCusker, Crystal Mess: Mr. Jones and Me
KC Johnson: Finally

Forum discussions of Jones letter -
LieStoppers: Rep. Jones asks for Nifong investigation
LieStoppers: KC Johnson's view
LieStoppers: Herald Sun take on Rep. Jones
FreeRepublic: U.S. Congressman Calls For DA Probe In Duke Rape Case
FreeRepublic: Rep. Jones asks for investigation into Nifong's conduct
TalkLeft: Congressman asks for investigation
The Johnsville News:
Face Blindness — Does the false accuser in the Duke non-rape hoax suffer from some form of prosopagnosia or "face blindness?" It turns out that perhaps anywhere from 6 million to 7.5 million Americans suffer from this disorder....Could the Duke trial be used as a test case, where defense attorneys seek proof that the alleged victim does not suffer from this disorder?
LieStoppers discussion: ...prosopagnosia

Michael Gaynor:
Duke case: What a difference color (and college) make — Messr. Seligmann, Finnerty and Evans are not only "real people," but innocent of the felonies with which they have been charged. When all is said and done, in court and in the eyes of all fair-minded, they will have won. Mr. Nifong, on the other hand, will be undone, and eventually regretful about disregarding the evidence of innocence to which he chose to be willfully blinded...

What If? — In a thought provoking post at Lew Rockwell, Professor William Anderson asks, “What If Evans, Finnerty & Seligmann Had Been Black?”...There is, however, a precedent in Durham that may offer some clues to the "What if?" proposed.

In January of 2001, an NCCU student reported that she was raped and assaulted by as many as 17 men at what appears to have been an off-campus party. While several similarities exist, response from the police, the District Attorney, the media, the University, other students, and the community appears to have been strikingly different, in many ways, than it has been for the Hoax.

Jon Sanders, JohnLocke.org:
Lesson not learned at Duke — Notorious sexual assaults at Duke in 2004 and 2002 were hoaxes...

KC Johnson:
Creating Wahneema's World (see comments)Yesterday’s post examined the peculiar career of Wahneema Lubiano, a figure who has parlayed “forthcoming” books and a heavy dose of fringe political activism into a tenured position at Duke.
Jon Ham, JohnLocke.org: Hell’s Angel at a tea party

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