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Tuesday, March 27, 2007

Duke/Nifong/Cooper+73 days Hoax

Updated - today's items:

Joan Foster, LieStoppers:
Silence is Sickening -- Governor Easley, Attorney General Cooper, Attorneys Coman and Winstead: You Know. We Know You Know.

Whatever happened in the DA's Office in Durham at the investigation gone terribly terribly bad, you know who was involved. Every one of you does. You need to come forward and tell the public...

Shut down the Hoax.

LieStoppers forum: Roy Cooper's Political Farce Drags On - Ten Full Weeks of File Review
Tamara Gibbs, ABC11 TV/WTVD:
Duke LAX Book in the Works -- The pending outcome of the Duke Lacrosse case has one blogger waiting to write the final chapter of an upcoming book. K.C. Johnson admits he has no personal ties to Durham, Duke University, or the three charged players in the Duke Lacrosse case. Yet, the Brooklyn College professor has a passion for digging up the most surprising details in the investigation. He has posted them on his popular website called Durham-in-Wonderland, a virtual watercooler where the public chats about the highly publicized case...
LieStoppers forum: Until Proven Innocent
FreeRepublic: Lax Book in the Works (Until Proven Innocent)
"The Constitution gives every American the inalienable right to make a damn fool of himself." - John Ciardi
KC Johnson:
Selena's New English -- I wonder why she [Selena Roberts] was so eager to withhold from her readers exactly what opinions her ideological comrades among the faculty have expressed?

KC Johnson:
Selena on Selena -- In her screed against the lacrosse team in Sunday’s New York Times, Selena Roberts presented the new “party line”—she (and the Times) have been criticizing the culture, not the crime...

KC Johnson:
Selena's Selective Standards -- How, instead, does she describe Nifong? “One part district attorney, one part clueless Columbo.” ...

KC Johnson:
Selena's Source? -- During her jaunt to Durham, Roberts sat on a panel with two professors: Group of 88 extremist Grant Farred and anti-lacrosse stalwart Orin Starn. Which of the two was her source for the suggestion that “because the case has been so screwed up,” rather than a lack of evidence, is why the case should go away?
Ace of Spades HQ blog:
Selena Roberts Angling To Become "The Amanda Marcotte of the New York Times" -- Who? Well, she's a nobody, a sports columnist you've never heard of. But in the pages of the New Yor Times, she's still arguing the lacrosse players should be prosecuted because of their "white skin privilege" and yadda yadda yadda...
Editorial, Investors Business Daily:
Wrong Arm Of The Law -- Rogue Prosecutors: Mike Nifong, the poster child for misusing the justice system for a personal agenda, may soon get his comeuppance, his targets freed. Sadly, the same can't yet be said of Patrick Fitzgerald and Johnny Sutton.

Paul Caulfield, a writer for Inside Lacrosse Magazine, told Fox News last week that several sources had told him the three Duke lacrosse players charged with rape, assault and kidnapping charges will soon be freed with all charges dropped. We welcome the result and are not surprised by it.

We also won't be surprised or disappointed if the life of Durham, N.C., District Attorney Nifong soon becomes a legal hell, with lawsuits filed by the families, disbarment by the North Carolina State Bar or even worse...
Jane Stancill, News & Observer:
Duke athletics panel altered -- Faculty could have more say over athletics at Duke University under a reorganization of a panel that oversees athletics policy. Duke President Richard Brodhead reviewed the changes Thursday with the Academic Council, the major faculty governing body at Duke. He also announced the creation of a new position -- a dean to oversee undergraduate life inside and outside the classroom.

The changes were the latest fallout from the lacrosse scandal that has dogged Duke for the past year. Faculty representatives will increase from five to eight on the Athletic Council, a longstanding body of more than 30 professors, administrators, alumni, trustees, athletics officials and students...
Op/Ed, Herald-Sun The Organ:
Be wary of bill to suspend DAs -- The Duke lacrosse case continues to reverberate across the nation, with even presidential candidate Barack Obama making headlines by saying he would support a federal investigation into the actions of Durham District Attorney Mike Nifong.

More than a year after the incident, the case is also making a stir in the North Carolina State Legislature, where a bill is up for consideration that would give the governor authority to suspend wayward district attorneys. The lawmakers should think long and hard, and then think some more, before making such a change regarding the separation of powers, especially based on a single, sensational case that hasn't been decided yet.

The bill has some weighty support. It is co-sponsored by Senate Majority Leader Tony Rand, D-Cumberland, ...

Nifong, who faces discipline and possible disbarment by the State Bar, might be surprised to learn that, as Rand believes, he is free to do as he pleases. The State Bar is the agency set up to oversee and, if necessary, discipline elected district attorneys. It seems that in Nifong's case, the system is working as it should. No other layers of authority are necessary.
Kristin Butler, Duke Chronicle:
Erase racism -- With all deliberate speed -- President Richard Brodhead, why are you and your administrators actively supporting and defending racial prejudice in our midst? Why are your most senior employees refusing to remove racially restrictive covenants from deeds in the Duke faculty homesites? And why is your administration covering up evidence of whites-only restrictions in the University's endowment?

I wrote about these twin issues in my very first column of the semester, demanding action and asking why-after four decades of stonewalling-administrators continued to drag their feet. Ten weeks later, John Burness, senior vice president for public affairs and government relations, has just now informed me of the Brodhead Administration's final decision on the homesite issue: Although the "very existence [of racially restrictive covenants] has been of concern" to the University, Duke will paradoxically refuse to pursue legal action that could remove them...
Letter by Greg Brobinskoy, Duke Chronicle:
Butler's column correctly emphasizes CCI's failings -- As a Duke undergraduate student, Kristin Butler's op-ed "Talking the talk" (March 20) perfectly illustrates the frustration I and many others feel about the Campus Culture Initiative's decision to avoid input from the student body. What possible explanation is there for all the secrecy, the closed-door meetings, the appointment of agenda-driven academics and the complete lack of student input other than their attempt to jam through their cultural agendas held well before the lacrosse case transpired? It was almost comical when at the CCI student forum Provost Peter Lange refused to answer any specific questions about the CCI's recommendations or respond to our general complaints. The CCI debacle has proved just how far the administration has estranged itself from the student body. A student-administration gap emerged last spring and only now are we as students beginning to see its ramifications.
J. Kirk Osborn, "Protecting the constitution one case at a time."

KC Johnson:
Remembering Kirk Osborn -- The memorial service for Kirk Osborn is scheduled for tomorrow. A colleague writes, “Kirk Osborn was a hero, in this case and all cases he took on. It did not matter how young, old, black, white, rich, poor, guilty, or innocent his clients were: he fought for all of them and gave them (and the system) the advocacy that justice cannot do without. He fought many noble battles in the courtroom, and those of us who were lucky enough to fight with him along the way have lost a true friend and inspiration, as well as a face that managed to smile and a spirit that managed to infect a cause with optimism no matter how difficult it might have been. He was one of a kind, and he will be missed greatly.”

Some other remembrances...
NY Times:
J. Kirk Osborn, a Lawyer in the Duke Lacrosse Case, Dies at 64

News 14 Carolina:
Funeral arrangements set for Osborn -- The funeral for Osborn will be held at the University United Methodist Church on Franklin Street in Chapel Hill. It will take place Wednesday at 3 p.m.

LieStoppers blog: New Video - Kirk Osborn
LieStoppers forum: Kirk Osborn, Condolences
William Anderson:
Kirk Osborn, RIP -- According to the pundits, the North Carolina attorney general’s office is likely to drop all charges soon against Reade Seligmann, Collin Finnerty, and David Evans in the Duke Non-Rape, Non-Kidnapping, and Non-Sexual Assault case. Yet, perhaps the man who is more responsible than anyone else for laying the groundwork that ultimately destroyed the prosecution’s case will not be there...

The case will never go to trial, and that is in large part because Osborn was willing to step forward in the early days when the press and the legal profession were downright craven. All of us who care about justice owe much to this man. Indeed, Kirk Osborn, rest in peace. We will miss you, and miss you greatly
Forum topics of note:
TalkLeft: They desperately want the sexual assault to be true. -- the claim Mr. Osborn felt that educated AA of Durham wanted this hoax to be true. He specifically clarified it was the educated ones he tried to convince that nothing happened. This bit of news is quite disheartening, if true. How on earth would anyone expect a fair trial when educated people are unwilling to believe clear facts?

LieStoppers: Kim Roberts running a restaurant?

LieStoppers: Freaky - More than a little, Whaaat? -- Some are still looking at this case upside down and willing to turn Justice on its head for a one Crystal Mangum...
Kathleen Eckelt RN, FNE; Forensic Talk:
Debate Over Duke Accuser's Bruises -- I've taken a good look at the recent photo of the accuser. Legally speaking, as far as I'm concerned, this photo by itself is useless. I have no way of knowing what type of camera or lighting was used. And there are no photos with scales.

Here is a good link to an article about photographing injuries. In our exam room, we use a special camera and lighting to get the most natural appearance in our photographs. The wrong lighting can cause photos to appear differently, especially with someone who appears to have an uneven complexion like the accuser in this photograph.

On the surface, it looks like a photograph of a normal, NON-INJURED female. Just looking at it, I'd say this is not the face of someone who has been recently beaten. Let me explain why...
Teresa Errico, Norwalk Citizen-News:
Duke Lacrosse Revived and Making a Statement -- After canceling its 2005-06 season early, the Duke men's lacrosse team is back in action once again and on a roll with a 5-1 overall record, 2-0 in the Atlantic Coast Conference.

On Monday, Norwalk native and Duke sophomore defenseman Dan Theodoridis sat down with the Norwalk Citizen~News ITAL and talked about how it feels to be back on the field with the Blue Devils, his new coach and in a starting position...

But the team is optimistic, and in the hands of a new coach, the Blue Devils only see blue skies ahead. "Coach Danowski is a great guy," Theodoridis stated earnestly. "He always encourages us to work hard and play relaxed, play as a unit and as a team. He encourages unselfish play and is behind us 100 percent. It's almost a different style," he added. While so many of the players began this season terrified to make a mistake, Danowski was the voice that reminded them it's OK to fall because there are six other people behind them for support.
Mark, The Rogers Report blog:
Obama Be(Blue)devils Nifong -- ABC News is reporting (via Drudge) that Senator Barak Obama is calling for a federal investigation into the way that District Attorney Mike Nifong conducted the Duke Lacrosse case ... A more subtle and impressive explanation is that Obama is drawing a key distinction between himself and his Democratic primary opponents. With the case against the Duke students seemingly exploded and Nifong under investigation by North Carolina authorities, Obama has little to lose and a great deal to gain by calling for a federal probe.

As an African-American, standing up for an investigation into the Duke case might seem to risk alienating his African-American support. Similarly, the Duke case elicited a substantial outcry from the Left over race, class, the patriarchy and other issues. Even now there are no small number of people who believe that serious crimes were committed by some of the Duke players...
Liberally Conservative blog:
Obama and State’s Rights - A Telling Tale -- Presidential candidate and Senator, Barack Obama (D-IL), has the Liberal notion that the Federal government should place itself into a state judiciary problem. In a written response to a constituent, Obama said that an “independent inquiry is needed” into the conduct of Durham [North Carolina] District Attorney Mike Nifong...

I would also agree with Nifong’s defense attorney, David Freedman, in this case when he states..."It’s appropriate for this to be dealt with by a North Carolina agency, not by someone from another state."
LieStoppers forum comment: This guy is in need of remedial education on both the Constitution and federal law. 18 U.S.C. Section 242 reads in part:

"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States,... ...shall be fined under this title or imprisoned not more than one year, or both;"

It is based on Section 1 of the 14th Amendment:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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