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Wednesday, February 21, 2007

Duke/Nifong Hoax: Day #309

Updated - today's items:

WRAL:
Nifong Given Extension to Respond to Ethics Complaint — Embattled District Attorney Mike Nifong has been granted an extension to file a written response to ethics charges leveled against him for his handling of the Duke lacrosse sexual assault case.

Nifong's response to the North Carolina Bar Association's complaint was due Friday, but the bar's disciplinary commission moved the deadline to Wednesday because one of Nifong's attorneys was ill.

The bar has accused Nifong of withholding evidence from lawyers defending three lacrosse players charged with sexually assaulting a stripper, of lying to the court and to bar investigators, and making misleading and inflammatory comments about the players.

related:
JohnLocke.org: Order for Extension of Time (.pdf) - NC State Bar February 21, 2007
WRAL: Nifong's Attorney Will Not File Extension - February 9, 2007

discussion:
LieStoppers: Nifong granted extension, Fox news
KC Johnson (see comments): Nifong delay


Anne Blythe, News & Observer:
Warrant reveals details in rape case — The woman who told police she was sexually assaulted at an off-campus Duke party earlier this month broke down in tears after emerging from the bathroom and immediately recounted the incident to a friend, according to a search warrant. The accuser, according to the warrant, had danced with the suspect at the party organized by members of the Phi Beta Sigma fraternity. When she went to use the bathroom around 3 a. m., and, according to police and the warrant, the suspect came in behind the accuser and closed the door."

Once inside of the bathroom," the warrant application said, "the suspect forced her to the ground causing her to hit her head on the sink, he then sexually assaulted her." ...
discussion:
FreeRepublic: Warrant reveals details in rape case (The other Duke rape)


ChicagoSportsReview.com:
The Great Unraveler — KC Johnson is a 38-year-old bowtie-wearing Brooklyn College professor with a Harvard degree. He has a passion for American history, and he enjoys the classroom. And due to his own peculiar mixture of annoyance and curiosity, he might be the most oft-cited source for those looking for coverage of what could formerly be called "The Duke Rape Case."

That it was ever dubbed "The Duke Rape Case" as opposed to "The Duke Investigation" or "Allegations in Durham" is part of why he exists as we know him. He's a common story in New York and Durham. Kurt Andersen has written about Johnson's work in New York Magazine, and calls him "heroic." The exceptional legal writer Stuart Taylor Jr. has written about him in Slate. Many others have, and some will surely follow...
CSR: So you started this first because of the Group of 88, not as a response to the media?

Johnson: To me it was exclusively academic. If not for the Group of 88, I never would have commented on the issue. I was once part of a historians blog called ClioPatria, and one of the issues I'd long been concerned about is the pedagogical imbalance in the academy; the one-sidedness. When they made their statement condemning the players, it was just an incredible example of this, and of approaching the issue through a lens of a race-class gender....


Tamara Gibbs, ABC11 TV/WTVD:
Special Prosecutors Meet with Nifong — It's been more than a month since Durham County District Attorney Mike Nifong recused himself from the Duke Lacrosse case, but he may still play a significant role in its future.

Eyewitness News has learned among other witnesses in the case, Nifong has met with the special prosecutors at the Attorney General's Office. A spokeswoman for the Attorney General declined to comment on the details of the meeting, but confirms the discussion took place within the past week. It comes nearly two weeks after defense attorneys for the three charged players in the case met with special prosecutors for several hours at the Attorney General's office. Sources close to case say the meeting was their first opportunity to make their case for why all charges against their clients should be dropped...
discussion:
LieStoppers: SP's interview Nifong, ABC news reports
KC Johnson (see comments): Nifong and the Special Prosecutors
TalkLeft: Special Prosecutors talk with Mikey


LieStoppers:
Parallel Proceedings — In his order holding in abeyance action on Beth Brewer’s 7A-66 affidavit, pending Defendant Nifong’s State Bar hearing, Judge Orlando Hudson describes the State Bar as a regulatory agency and appears to support his order delaying action on the basis of two curious determinations:
  1. A probable cause determination must be made after the State Bar hearing.
  2. Defendant Nifong has the due process right to defend himself against the charges brought by the State Bar, as a regulatory agency, and against the charges subject to an inquiry by the superior court at separate points in time, and not simultaneously...
There does not, however, appear to be a strict prohibition against simply facing two tribunals, let alone a discipline hearing and a judicial inquiry, outside of Durham County...

YouTube: Potbangers accosting Duke provost Peter Lange

discussion:
TalkLeft: Potbangers accosting Duke provost Peter Lange


KC Johnson:
Questions and Answers — Today seemed like a good day for a questions-and-answers post, which I haven’t done in awhile...

Q: Take a look at the mini-script at the bottom of the Group of 88 ad. It states in part: “We thank the following departments and programs for signing onto this ad with African & African American Studies: Romance Studies; Psychology; Social and Health Sciences; Franklin Humanities Institute; Critical U.S. Studies; Art, Art History, and Visual Studies; Classical Studies; Asian & African Languages; Literature; Women’s Studies; Latino/a Studies; Latin American and Caribbean Studies; Medieval and Renaissance Studies; European Studies; Program in Education; and the Center for Documentary Studies. Because of space limitations, the names of additional faculty and staff who signed on in support may be read at the AAAS website…” Does this mean these departments and programs approved of the ad?

A: In response to this question, I looked into the issue, and was deeply troubled at what I discovered....
comment: Under close scrutiny the Gang of 88's "listening statement/Social Disaster" advertisement continues to provide more evidence that it is a complete fraud.

related:
TJN: The 'listening' statement
TJN: Did the Duke "Gang of 88" falsify their 'listening' statement?


John Stevenson, Herald-Sun:
Rape suspect released, negotiating counsel — A 21-year-old man charged with raping a Duke University freshman during an off-campus party this month has been released from jail under $50,000 bail and is negotiating to hire a prominent criminal defense attorney, a judge was told Tuesday.

Michael Jermaine Burch, of 322 Junction Road, is accused of second-degree rape in connection with a Feb. 11 incident at 405 Gattis St., where members of the Duke chapter of the Phi Beta Sigma fraternity were having a party. One fraternity member and three other Duke students lived at that address then but have since moved.

During a preliminary hearing before District Judge Claude Allen Tuesday, defense lawyer James D. "Butch" Williams made what is known as a limited appearance on Burch's behalf. But Williams said later it looked like he would be formally hired by the suspect and his family soon.

Burch is not a student at Duke, and it wasn't immediately clear whether he crashed the fraternity party...

Amanda Marcotte, pandagon blog:
comment - People who continue to wax on about the Duke rape case: People don’t respond because you’re right. They don’t respond because they know from experience that anyone who defends men who write thing like this:
tommrow night, after tonights show, ive decided to have some strippers over to edens 2c. all are welcome.. however there will be no nudity. i plan on killing the bitches as soon as the walk in and proceding to cut their skin off while cumming in my duke issue spandex.. all besides arch and tack please respond
Hates women and would defend a rapist who was caught in the act on videotape. No one talks to you because you are rape-loving scum. If you think otherwise, you are mistaken. Your beloved boys who scream “nigger” at black women and joke about killing and raping them may escape the worst charges, but they are not angels. You know it, we know it. That you defend them makes you such lowly, sleazy scum that it’s no wonder no one talks to you. They’re afraid by acknowledging you, they will catch the evil. Know this. Absorb it. Hope you enjoy sleeping at night, you sick, hateful bastards.
discussion:
LieStoppers forum: Amanda comments on defenders of the duke3 — Duke84 comment — It's really a shame this woman lost the precious opportunity to push John Edwards' poll numbers from 4 percent to a possible 4.5, using her wit, intelligence, and class.
TalkLeft: Amanda opens piehole again



Anne Blythe, News & Observer:
This time, rape case gets muted reactionAnother off-campus party in Durham gives rise to serious allegations, but no uproar — To bloggers and avid followers of the sexual assault case against former Duke lacrosse players, the protesters are known as "the potbangers." They clanked their kitchenware in protest outside 610 N. Buchanan St. last March after an escort service dancer alleged being sexually assaulted at a lacrosse team party there.

Now there are new sexual assault allegations from another off-campus Duke party, and avid chroniclers of the twists and turns in the lacrosse case ask: "Where are the potbangers?"

"That's a good question," said Manju Rajendran, one of the organizers of the potbanger protests. "Why is there not a massive reaction every time a rape occurs? I feel like that should happen any time there's rape." Some say the city is fatigued by the lacrosse case and people might be treading carefully because of the controversy and criticisms lobbed from near and far.

"Normally with a rape case, police do the investigation, and charges are filed, and it goes through court," said Orin Starn, a Duke professor who has been critical of big-time college sports programs. "The lacrosse case was something of an anomaly. It became a media event that was covered and dissected and debated, both locally and nationally." ...
related:
Jon Ham, Right Angles blog/johnlocke.org:
The N&O talks around the issueThe News & Observer today has a story with a similar theme to my post yesterday pointing to the differing reactions to the Duke lacrosse rape allegations and the Feb. 11 rape allegations at an off-campus fraternity party. What could possibly explain the lack of uproar? is the question the N&O asks but never answers because they are afraid to mention the words white and black.

By talking to the very people who rushed to judgment in March of 2006 — the infamous potbangers and irresponsible professors who pushed a concern for due process out of their minds in their zeal to make ideological points last year — the N&O comes to the nonsensical conclusion that fatigue over the Duke lacrosse case is the reason for the lack of outrage this time...

Tim Vaden, News & Observer:
Suspects, identifications and the paper



comment: "Freedom of the Press" award winner Shadee Malaklou continues to shoot toes off her foot. Soon she will be known as "Toeless" Shadee Malaklou. Her latest attempt to "nuance" us has stirred up some interesting comments at the Duke Chronicle.

Shadee Makalou - Best Student Fictional Story Telling in support of a hoaxShadee Malaklou, Duke Chronicle:
The Perfect Victim - Va-va-voom — Saturday marks the first men's lacrosse home game since three players were indicted for allegedly raping a Durham stripper last spring. The rape charges have since been dropped, but other charges still stand. As the crowd-including students, alumni and probably KC Johnson-arrive to cheer on the team, let us not forget the (alleged) victim, now lampooned for what many believe are faulty allegations.

A disclaimer: I write this column in an attempt to nuance what kinds of women can and cannot report a rape and to question what kinds of truths are privileged. I do not write this column in an attempt to uphold the now-nefarious pots-and-pans activism against the lacrosse team.

While some women at Duke and in Durham (as in society at large) can legitimately claim rape, others cannot; and that difference is based on identity codings like class, race, profession and even clothing. In order to be believed about something like rape, women have to maintain a veneer of virginity; and in this narrative, the white Duke woman, ever superficially prude, is the perfect victim....

discussion:
Duke Chronicle: The Perfect Victim
There was no rape, no kidnapping, no sexual misconduct by any member of the lacrosse team and no dancer as victim. There are no larger lessons to be learned from an event that did not occur.

Ed Rickards
Duke '63, Duke Law '66
Former editor of the Chronicle


David Graham, Duke Chronicle:
Duke preps plans for lax tailgate — With crowds of students and media expected to descend upon Koskinen Stadium for the men's lacrosse season opener Saturday, administrators have distributed guidelines for potential tailgates. In an e-mail to all students, Larry Moneta, vice president for student affairs, announced Tuesday that police will enforce alcohol laws and that no signs will be permitted in the stadium for the game against Dartmouth.

In addition, the Whitford parking lot, located adjacent to Cameron Indoor Stadium and Wilson West Campus Recreation Center, will be closed for student parking on game day. The policy was developed in a set of meetings among officials from the Office of Student Affairs, Duke University Police Department and the Department of Athletics.

Moneta said he was not concerned about a large number of rowdy students.

"I have absolute faith and confidence in most Duke students," he said. "I fear a very small number who might choose to be irresponsible or aren't thoughtful about the effects of their actions on their fellow students and the Duke community."

Administrators said they expect a large media presence at the game, though they could not estimate how many reporters will be covering the event. Many students are also expected to attend, and some are planning tailgates...

John Taddei, Duke Chronicle:
Players plan tribute for indicted 3 — When the men's lacrosse team takes the field in Koskinen Stadium for an official game for the first time in almost a year Saturday, those in attendance will see three numbers on Duke's side of the field.

6, 45, 13.

The numbers worn by former players David Evans, Reade Seligmann and Collin Finnerty, respectively, will be featured on the Blue Devils' warm-up shirts before the game against Dartmouth, co-captain Matt Danowski confirmed Tuesday.

The three indicted players still face charges of first-degree kidnapping and sexual offense from allegations surrounding a team party last March, although they have strongly maintained their innocence and District Attorney Mike Nifong's case has been turned over to a special prosecutor. Evans graduated last May, and Seligmann and Finnerty have not returned to the University after Duke reinstated them before this semester.

Each current player will wear a number corresponding to his position, as Evans played defense, Seligmann midfield and Finnerty attack for Duke in 2006...


Letters to Herald-Sun:
Erika Hoffman,Chapel Hill
Law tips from 'CSI' — "Follow the evidence," Gil Grissom, the fictional investigator on "CSI Las Vegas," would bark at Professor Robinson Everett of Duke Law School if Grissom read his Feb. 8 article. "The evidence doesn't lie," Gil would say to Everett proposing to keep DNA evidence from being unveiled because it might tarnish the accuser's reputation.

Gil Grissom teaches his staff that DNA evidence will lead to the truth. No matter whom one likes for the crime, one should not ignore the objective evidence for subjective supposition. If Everett believes the accuser was assaulted, then by all means he should want to follow the DNA clues to learn the men's identity by the DNA they left within her.

Not to include the DNA matches from men found on and in the accuser is simply to ignore factual evidence. Everett is trying to make the evidence fit the suspect instead of following the evidence to see where it will lead. Gil deals in science and fact. He cautions his staff that one cannot pick and choose what evidence is pertinent.

Since Everett is concerned about the tarnishing of an exotic dancer's reputation by jurors learning that she had sex with multiple people around the time of her performance at the team get-together, he should understand the tarnishing of college boys' reputations when lies are told about them with no factual proof to back up the fantastic whoppers.

Should the law students in Everett's classes refrain from taking notes and start watching "CSI"?

John L. Barker,Monroe, NC:
Appoint runners-up — Gov. Mike Easley has no political future. His friends are either in jail or about to be there. However, he has a chance to change. He could appoint the runners-up in the last election to serve out the terms of those positions. The Durham district attorney race runner-up is Steve Monks (Cheek stated he would not serve), and the runner-up in District 100 is also a Republican. He could help his reputation as a healer of political rifts, but he would have to change his registration to unaffiliated. Neither party would want him!

related:
LieStoppers: "Levelheaded and Unbiased," Barker Revisits The Durham DA's Race — It appears that today’s letter is not the first instance of Mr. Barker arrogantly insulting the intelligence of Durham voters. Mr. Barker, it should be noted, interjected himself into the election campaign by posing as John L. Barker Strategies of Union County and producing a phantom election poll supposedly commissioned, according to Mr. Barker, by Senator Elizabeth Dole (R-NC) and other “powerful people.” ...


S.L. Price, Sports Illustrated:
The Season After — Duke's shattered lacrosse team is back and ready to chase an NCAA title. But can anything help the players and the community find peace? - Still, there's no denying that a bitter aftertaste lingers. The accused and their 43 teammates have maintained from the start that no rape, kidnapping or sexual assault occurred that night, and though the team apologized for the underage drinking, the players will always believe they were abandoned by the administration and stampeded by those looking for easy symbols to smash. Meanwhile, the North Carolina attorney general's assignment of two new prosecutors, James Coman and Mary Winstead, to review the evidence is no guarantee that the remaining charges will be dismissed, or that any or all of the other lacrosse players will not be called to testify.

"I think the odds are good that it will go to trial," says N.C. Central law professor Irving Joyner, noting that the less precise legal definition of sexual offense makes it easier to prove than rape. But, he adds, the alleged victim's ever-shifting version of events could well override any evidence. "I would not be surprised if the attorney general, after looking at everything, says, 'We can't convince a jury of their guilt,'" Joyner says. "But I think there is enough to go forward -- and I think they will go forward."
related:
KC Johnson:
SI Disappointment — How, therefore, could any responsible reporter not balance Joyner’s legal perspective with that of another observer, given Joyner’s demonstrated biases about the case?

To use Price’s terminology, I’d say that “mistakes were made” regarding the article’s fairness.


John in Carolina:
Duke lax parents on Fox — Charles and Susan Wolcott, parents of a Duke grad and player on the 2006 Men's lacrosse team were guests on Hannity & Colmes tonight...

Alan Colmes asked them about the treatment the suspect just arrested and charged in connection with the rape of a Duke student is receiving vis a vis the treatment DA Mike Nifong, certain Durham police officers and the Durham Courts meted out to the Duke Men's lacrosse players...

The parents agreed it showed an "absurd double standard." ...

JinC: At 9 pm a blog friend emailed me that it will be Charles and Susan Wolcott, parents of a Duke lax player who'll be on the show tonight...
related:
Fox News video (via YouTube) — Exclusive! Parents of Duke lacrosse team players object to low bail for suspect in another rape case...

discussion:

LieStoppers: Watch Hannity Tonight — Parents of unindicted player will be interviewed.

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