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Thursday, December 14, 2006

Duke Hoax: Day #240

This whole fiasco began with a story about DNA tests. It should end with this story about the results. Enough red flags. It’s time for the white one. - LieStoppers
Updated - today's items:

late news (that turned out to be wrong) —
Duke Lacrosse Accuser Gives Birth (note: this story was deleted Friday afternoon, because it was in error)— WRA's Julia Lewis has confirmed that the accuser in the Duke lacrosse case gave birth late Thursday at UNC Hospitals. Her pregnancy had not been public knowledge until Thursday. WRAL called her boyfriend's home and the person who answered the phone had no comment and then hung up.

The 29-year-old gave birth nine months after she alleges she was raped by three Duke University lacrosse players at a March 13 team party...
FreeRepublic: Fox reporting Duke accuser is new mother — ...the rape occurred in March 2006. Greta tells Shep; "You do the math".
LieStoppers discussion: Greta Van Sustern breaking news on Shep Smith's show
TalkLeft: ...Where's she registered? — Using the standard 266 day gestation period, the date of inception would be Wednesday, March 22, 2006 if the baby was born on the due date.
— —
Niolet, Neff; News & Observer:
Lacrosse judge asked to block IDs
— Defense lawyers asked a judge today to block the accuser in the Duke University lacrosse case from identifying her alleged attackers in court at trial. If they succeed, the lawyers for three indicted former lacrosse players would undermine the foundation of District Attorney Mike Nifong’s case and give the defense a chance to have the charges dismissed before trial. The request came in a motion in Durham County Superior Court that also asks the judge to throw out the photographic lineup procedure that became the basis for the state’s rape case.

The 43-page motion methodically recounts the day-by-day progress of the investigation and the efforts of police to get a reliable identification from the accuser, an escort service worker who said she was raped by three men at a March lacrosse team party.
N&O Documentation - Motion to Suppress the Alleged "Identification" of the Defendants by the Accuser (.pdf, 46 pages, Dec. 14, 2006) or WRAL copy

comment: The defense motion is an absolute *must* read and lineup videos are very interesting.

ABC11/WTVD: Lineup Video
WRAL: Video of PowerPoint (Apr. 4) lineup
WRAL: Defense Wants Photo IDs Thrown Out
ESPN/AP: Duke defense lawyers want photo lineup tossed

KC Johnson: The Lineup Motion — This motion, in short, constitutes a devastating assault on Nifong’s case. It should serve not only to justify suppressing the lineup, but as a central exhibit in any ethics proceedings against Nifong conducted by the state bar.

John in Carolina: Adding to N&O's "Block ID's" Story — Including the Mustafa and card swip information in the N&O story will help readers understand the improbability of the accuser's claim that Seligmann helped her into the car...

LieStoppers discussion: Motion to Block IDs — Is *this* the other shoe?
TalkLeft: Holy Bombshell!
Joe Neff, News & Observer:
Motion says lab withheld DNA findings — DNA Security of Burlington in May produced a report to Durham District Attorney Mike Nifong that made no mention of finding the genetic material. Wednesday's motion raised questions about whether Nifong and DNA Security withheld evidence favorable to the defense. It also cast further doubt on accounts given by the accuser, who told nurses and police that her attackers ejaculated and did not use condoms. The tests revealed no DNA evidence from any of 46 lacrosse players then suspected in the case...
CBS News: Defense: Duke Accuser Had Sex With Others
Fox News: Key DNA Evidence in Duke Rape Case Withheld From Defense for Six Months, Lawyers Charge
ABC News (AP): Lacrosse Players Tout DNA Test Results
Mike McCusker, Crystal Mess:
Bad Faith — On the heels of these last two most interesting days, then, let us take a fong look back at bad faith, harrassment, official lawlessness, perversion of process, the need for speedy and effective action to protect federal rights, and the reasons why Younger Abstention is inapplicable to the case at bar, shall we? ...In the face of the facts disclosed in yesterday's defense motion, it is now crystal clear that Nifong intentionally and willfully perpetuated an unjust persecution largely of his own creation, immeasurably damaged untold numbers of lives, wickedly stoked the fires of racial mistrust and divisions for selfish aggrandizement, obstructed the administration of justice, most likely in affirmative conspiracy with DNASI's Dr. Meehan, all to the great and immediate harm of the defendants, with no concern whatsoever for their constitutional due process rights as citizens of this country...

Michael Gaynor:
Duke Case: As Expected, Persecution Proof Detected — ...Congressman Walter Jones was right to request a United States Justice Department investigation of the prosecution of the Duke case. Unless there is one, petty tyrants will feel free to pervert the criminal justice system for their own pernicious purposes.

Red Flags and More Red Flags; White Flags to Come? (see comments) — Now that the full results of the DNA tests have been revealed, who is guilty of making “misleading” and “absolutely false” statements? Whose claims are “rather preposterous”? That defense attorneys would state the obvious fact that no DNA evidence strongly suggests there was no sex with any lacrosse player? Or that a District Attorney would not only hide exculpatory evidence from the same defense attorneys, but practically brag about it to the news media and suggest the hidden results would help the prosecution? This whole fiasco began with a story about DNA tests. It should end with this story about the results. Enough red flags. It’s time for the white one.

The Good News Is.. — (Baldo cartoon)

KC Johnson:
A Few More DNA Items (see comments) — DNA Security included none of its written communications with Nifong, Gottlieb, or any other representative of Durham in the supposedly comprehensive material turned over to the defense. The pattern throughout this case: information that Nifong has had pried out of him has almost always been highly damaging to the prosecution... DNA Security appears to something of a fly-by-night company...
transcript, Sept. 22, 2006, State of NC v. Finnerty, Seligmann & Evans (.pdf, 4 pages)
Updated - Forum topics of note:
ABC11/WTVD: Cash Michaels
LieStoppers: Greta live from Durham tonight (12/14)...
LieStoppers: FA - Where is she?
LieStoppers: "Bill of Particulars" for Michael Nifong — Actions subverting the legal system...
TalkLeft: Lab in Lacrosse Case Found Many DNA Sources — Conspiracy to Commit Obstruction of Justice...
Duke Chronicle: DNA evidence - breaking news
FreeRepublic : Inquiry of Nifong eyed over lacrosse

Jason Trumpbour, Friends of Duke Univ.:
Now we are seeing some action! — The past 24 hours have brought significant developments. Yesterday, Representative Walter Jones of North Carolina’s Third Congressional District released a copy of a letter he wrote to United States Attorney General Alberto Gonzales...Today, the defense teams filed a motion to compel discovery which reveals even more evidence of the prosecutorial misconduct...
John in Carolina — Law prof: "Nifong tried to cheat" — University of Maryland Law School professor Jason Trumpbour writes...Trumpbour identified himself as a member of Friends of Duke University. He serves as FODU's spokesperson. FODU has no formal affiliation with Duke but seeks to work with the University on a variety of issues including securing as much justice as is now possible for the three framed young men – David Evans, Collin Finnerty and Reade Seligmann.
William L. Anderson:
Durham and Scottsboro — Last spring, shortly after the Duke non-rape case exploded across the country, New York Times columnist Nicholas Kristoff warned readers not to jump to judgments, something that shocked the leftist readership of the paper – as well as some of the reporters, who were busily calling the Duke lacrosse players rapists. This case, Kristoff wrote, struck him more as a potential "Scottsboro Boys" situation than a bona fide rape. Indeed, the analogy fits much more than one might realize...
LieStoppers discussion - Durham and Scottsboro

Doug Powers, columnist, Men's News Daily:
The Duke Rape Case, New DNA Evidence, and How To Handle Out-of-Control Prosecutors — There are few more heinous crimes than willingly ruining the life of an innocent person to gain political power, and this should be addressed by sentencing rogue prosecutors (and judges, and politicians, etc.) who are found to have willingly engaged in this act to the same sentences they sought for those they accused...

Yesterday (12/13):

Michael Gaynor:
Lessons from the Duke case and Hurricane Katrina — Young white men from wealthy families can become scapegoats too. But scapegoating is a bad thing to do and, when the wrong scapegoat is picked, something even in this life to rue. Different people want the Duke Three (Reade Seligmann, Collin Finnerty and David Evans) to be guilty of kidnapping, rape and sexual assault for different reasons...

Betsy Newmark, Betsy's Page:
More exonerating evidence in the Duke lacrosse case — It was already quite clear that her story was a pack of lies, but every revelation turns up more lies in her story. If Nifong really kept this information from the defense, there is even more reason to investigate Mike Nifong's conduct of this case.
related: John in Carolina - I vote Betsy Newmark — Betsy Newark’s a high school social studies teacher in Raleigh...Betsy’s a Duke mom....

admin note: hoax days are counted from when Collin Finnerty and Reade Seligmann were charged with rape and kidnapping on April 18, 2006.

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