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Thursday, January 11, 2007

Duke/Nifong Hoax: Day #268 - More Hoaxiness

Updated - today's items: Wow!

Crystal Gail MangumJoseph Neff, News & Observer:
Accuser changes story in lacrosse case — In her latest statement to investigators, the accuser in the Duke lacrosse rape case changed her account again about when the alleged gang rape occurred, who attacked her and how.

Defense attorneys filed the statement in court today, arguing that it was more evidence that the woman is an unreliable witness.

The woman adjusted the timing of the assault to earlier in the evening, a time point preceding the well-documented alibi of one accused player, Reade Seligmann. The defense, however, introduced yet more alibi evidence for Seligmann: he was on the cell phone with his girlfriend during the height of the attack as the accuser now times it.

The new version of the events comes from a Dec. 21 interview by Linwood Wilson, chief investigator for Durham District Attorney Mike Nifong. The statement marked the first time anyone from the District Attorney's office discussed the case with the woman since charges were filed in April. The interview came less than a week after a private laboratory director testified that he and Nifong agreed not to report DNA evidence favorable to the three accused players....

The statement layers new and contradictory accounts over the woman's previous statements:

* In her latest statement she said the attack ended at midnight.

In previous accounts, the woman said the gang-rape ended shortly before she left in the car driven by Kim Roberts, the second dancer. Roberts called 911 as she was driving away at 12:53 a.m., according to police records. This new account leaves 50 minutes unaccounted between the end of the rape and the departure from the party.

The new statement runs contrary to time stamped photos of the party, which show the two women dancing between 12:00 and 12:04 a.m. in the living room of the house at 610 N. Buchanan Blvd.

* In the latest statement, the woman says she arrived at the party at 11:10 p.m. on March 13 and that the rape began at 11:40 p.m. Her cell phone records show that she was on phone with her father and others up to one minute before the rape allegedly started...

LieStoppers: New Story from Accuser
TalkLeft: New version from accuser
FreeRepublic: Duke Accuser: Player 'Did Not Commit Sex Acts on Me'

related discussions:
LieStoppers: Isn't It Time To Arrest Crystal Mangum - Filing False Police Reports Are Illegal
LieStoppers: Another 60 Minutes - Sources tell me the 3 boys may be on 60 Minutes this Sunday. I will try and confirm. [confirmed - see below]

ABC11 TV/AP: Duke LAX Accuser Changes Story - Again — The accuser in the Duke lacrosse sexual assault case told prosecutors in December that one of the three players charged did not commit any sex act on her during the alleged attack, according to papers filed Thursday by the defense.... The attacker identified as Reade Seligmann was repeatedly urged to take part in the alleged attack, she told an investigator, but he said he could not because he was getting married, the papers said...

N&O: Defense Motion (.pdf, 21 pages) filed Jan 11, 2007 — First Supplement to Motion to Suppress the Alleged "Identification" of the Defendants by the Accuser

or Defense Motion in 3 parts [.pdf] at ABC11 TV:
pages 1-6: Motion to Suppress Pt. 1
pages 7-13: Motion to Suppress Pt. 2
pages 14-19: Motion to Suppress Pt. 3

3rd copy of Defense motion - First Supplement to Motion to Suppress Accuser Identification (Contains Graphic Language, Descriptions)

Notes From DA Investigator's Dec. 21 Interview With Accuser

ABC11/AP: Judge Orders Paternity Test in Duke Lacrosse Case — The judge in the Duke University lacrosse case has explicitly ordered a paternity test to determine the father of a child born to the woman accusing three players of sexual assault...Smith also ordered that attorneys be given transcripts from a closed-door hearing they attended in December to discuss sealed records in the case. The transcripts were ordered sealed, and no details were provided about what was discussed during the hearing.

FreeRepublic: Judge in Duke lacrosse case orders paternity test

comment: How much "hoaxiness" does the main stream media need before they remove the protective cloak of anonymity from Ms. Mangum and identify the false accuser to the world? This is a farce.

Mike McCusker: I Have To Laugh! — Defendant Nifong fancied himself a great trial attorney, the proverbial cock o' the walk. Armed with a narcissistic, borderline personality disorder and the complicity of Hometown Players Titus and Stephens, Defendant Nifong was positive that he would be able to pull it off. He thought he'd simply shotgun his way through the gauntlet of discovery. He'd shotgun his way through a jury selection at which he'd seat as many of Durham County's stupidest, most hate-filled, pitchfork wielding racist Whiners as he could. Then he'd shotgun his way through trial, and blow up the target bearing Dave's, Reade's, and Collin's faces at its center.

KC Johnson: Anatomy of a Frame (see comments) — The defense motion filed this morning with the court, quite beyond the stunning new facts, lays out the case for the utter farce that it has become....The Problem....The Frame....The Mockery...If AG Gonzales doesn’t intervene now, it’s hard to imagine what more he could need.

TJN: 60 Minutes Recap - time stamped party photos
TJN: Duke Lacrosse Rape Timeline
TJN: Reade Seligmann's Alibi in Detail
TJN: Mangum's cell phone calls
Lara Setrakian, Chris Franescani, ABC News:
Duke Accuser: Player 'Did Not Commit Sex Acts on Me' — The accuser in the Duke lacrosse sex assault case now says that one of the players never attacked her and has changed the time she alleges the assault took place, according to new motions filed by defense lawyers today.

The accuser now "admits that Reade Seligmann did not commit any sex acts on her," defense attorneys said in court papers...

Brian MeehanCBS 60 Minutes:
Expert Admits "Big Error" In Duke Case - Parents Of Accused Also Speak Out About Case - The forensic expert hired by the prosecutor in the Duke rape case says he made a "big error" in judgment by not stating in his report that the only DNA he found on the accuser was from several men who were not on the Duke lacrosse team.

Dr. Brian Meehan speaks with 60 Minutes correspondent Lesley Stahl in his first interview about the controversial case this Sunday, Jan. 14, at 7 p.m. ET/PT. Meehan acknowledged that he has never omitted potentially exculpatory evidence before. "We haven't done that before," he tells Stahl. "In retrospect, I should have done a better job of conveying that information."...

Jackie BrownTamara Gibbs, ABC11 TV/WTVD:
Brown Speaks Out About Durham DA's Motives (2:15 video) — A former campaign insider is talking exclusively with Eyewitness News about embattled Durham District Attorney Mike Nifong and the Duke Lacross case. In an interview with Jackie Brown, we are finding out about steps Mike Nifong took during pivotal stages of the case...

She says the Duke Lacrosse case had very little to do with Nifong's DA race early last year. "Some of his first words to me were that he really didn't want to do this meaning the campaign, but that he needed three years and some odd months for retirement."

With money as the motivation, Brown dismisses the notion Nifong used the Duke Lacrosse case to get elected before the May primary saying he wasn't politically savvy and that he wasn't even focused on the case but the media frenzy came and an opponent in the November election and mounting public pressure. Brown says that's when everything changed...

KC Johnson: Jackie Brown speaks out — Jackie Brown, who managed Mike Nifong’s primary campaign but then was a key player in the Recall Nifong-Vote Cheek effort last November, has given an interview to the ABC Law and Justice unit. This is the first time that the public has received any behind-the-scenes glimpse of the Nifong effort, and Brown’s revelations are fascinating...1.) Nifong’s motives were personal--as in financial*...

Mike NifongDorothy Rabinowitz, Media Log, Wall Street Journal/OpinionJournal.com:
The Michael Nifong ScandalThe Duke rape hoax is redolent of past decades' phony child-abuse cases. - No one could have imagined, when the story began last March, how soon and completely that bit of shorthand--"the Duke University scandal"--would be transformed. Scarcely 10 months after, the term is now almost universally understood as a reference to the operations of Michael Nifong, the Durham County district attorney (pictured nearby), whose abandonment of all semblance of concern about the merits of the rape and assault accusations against three Duke University students was obvious from the first. So was his abundant confidence while broadcasting comments on the guilt of the accused. He seemed a man immune to concerns for appearances as he raced about expounding on the case against the accused lacrosse players and calling them hooligans. He would hear nothing by way of concern from Duke administrators (seven months into this affair, the university president did find an opportunity to mention the accused students' right to a presumption of innocence)--and certainly none from the politically progressive quarters of the Duke faculty who lent their names to an impassioned ad thanking everyone who had come out to march in protest against the rape and assault of the exotic dancer; 88 faculty members signed it, among them such Duke luminaries as Alice Kaplan, author and student of fascism, and Frank Lentricchia, literary critic...

The accused Duke students can be grateful that the case against them has collapsed, and that Mr. Nifong now confronts a serious ethics complaint filed by the North Carolina State Bar. They will never have to face anything like the malignant force which descended on the happy and ambitious Amiraults in 1984, and turned their lives to dust. But Reade Seligmann, David Evans and Collin Finnerty have this year had a look into an abyss that has claimed many others, and that is never less than terrorizing. It is a piece of their Duke education they are unlikely to forget.

comment: Dorothy Rabinowitz is the second main stream media reporter to use the word "hoax" in a story regarding the Duke lacrosse case in the last four days. Susan Filan, a legal analyst at MSNBC used the term on Monday. This is very encouraging.

KC Johnson: Dorothy Rabinowitz — I’ve used Dorothy Rabinowitz’s book, No Crueler Tyrannies: Accusation, False Witness, and Other Terrors of Our Times, for courses that I teach in legal history. An expansion of her Pulitzer Prize-winning commentary on the horrific justice associated with child care sexual assault hoaxes of the late 1980s and early 1990s, the work also has provided intellectual guidance for me in writing this blog....

In today’s Wall Street Journal, Rabinowitz explains the connection, in a brilliant column that appropriately rebukes the Group of 88, Richard Brodhead, the New York Times, and especially Mike Nifong.

LieStoppers: The Michael Nifong Scandal, Dorothy Rabinowitz, WSJ, 1/11/07
John Stevenson, The Herald-Sun:
Closed meeting record ordered in lacrosse case — judge ordered Wednesday that transcripts be made of a closed-door meeting last month in the Duke lacrosse case and reissued instructions calling for paternity tests regarding the newborn child of the woman accusing three players of sexually assaulting her. Defense lawyers who requested the transcripts declined Wednesday to reveal what was discussed at the private session Dec. 15. When done, the transcripts will remain under seal and not be shared with the press or public, Superior Court Judge Osmond Smith declared Wednesday.

All that is known is that a team of defense lawyers and District Attorney Mike Nifong met with Smith in his chambers for some 30 minutes Dec. 15. They then returned to the courtroom for an on-the-record hearing...

Critics of Nifong contend he rushed to judgment in the lacrosse case. They say he got the three suspects indicted without sufficient evidence, before he knew DNA results would not help the prosecution and might prove favorable to the defendants.
Stevenspin — Never one to miss an opportunity to distort the truth when it comes to carrying water for Defendant Nifong, the Snooze Room’s John Stevenson strikes again...we again see that Stevenson is unwilling to accurately report items that are critical of Defendant Nifong.
Jack Daly, The Herald-Sun:
Duke lacrosse team looks to move on — Dates, dates and more dates. The first practice is Jan. 27. The first scrimmage is Feb. 3. The first game is Feb. 24. At home. Against Dartmouth. The trial date in the Duke lacrosse first-degree sexual-offense and kidnapping case has yet to be determined. With at least on-field dates locked in, the Duke men's lacrosse team is about to enter a more comfortable realm.

"We are so excited about this year," senior Tony McDevitt said. "Losing half of the season last year, not being able to play -- what we came here to do. ... The intensity inside all of us to get out there and play when it counts -- that takes up all the conversation."

Yesterday's items (1/10/07):

KC Johnson:
Early Dates — key dates from March 14 through June 30...

John in Carolina:
N&O editors cover-up — Melanie Sill, executive editor for news at The Raleigh News & Observer, frequently praises herself and her news staff for what she tells readers is the N&O’s devotion to the very highest standards of full, accurate and ethical journalism...

Melanie claims the N&O withheld only “details” so there’s no need to release the transcript. She accuses people who ask why she won’t release the transcript of being “conspiracy theorists.”

So much for verification and the empowerment of citizens.

Ruth Sheehan, News & Observer - Ruth's Metro Blog:
Two articles, written by women, on Duke case — Forwarded to me by one of my "fans." The first one takes me to task for my Monday, Jan. 1, column, "It's time to drop charges". There is also an increasing drumbeat for Duke to punish the faculty members who jumped on the bandwagon regarding the lacrosse rape case early on, but have been largely silent since the evidence started pointing in the other direction.

Calculated Risk

MishTalk - Mike Shedlock

Paul Krugman - NY Times

The Big Picture - Barry Ritholtz

naked capitalism - Yves Smith

Pragmatic Capitalism

Washington's Blog

Safe Haven

Paper Economy

The Daily Reckoning - Australia