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Friday, May 11, 2007

Nifong/Mangum Hoax — May 11, 2007 — Baker Report

Updated - today's items:

Durham PD: Photo Lineup Wasn't Meant to ID Defendants -- A report by the Durham Police Department found no wrongdoing by investigators in the Duke lacrosse case and addressed, in detail, a photo lineup in which the accuser identified her alleged attackers...

Evans' attorneys, Brad Bannon, criticized the police department's finding, calling it "the ultimate dichotomy."

"They're saying: 'We really weren't using this to develop information to charge people, but we used this as the only information to charge people,'" he said. "It really begs an independent inquiry. Someone outside the Durham Police Department needs to investigate the Durham Police Department's handling of this case...

Matt Dees, News & Observer:
Duke lacrosse ID procedure criticized -- City Manager Patrick Baker expressed regret that a flawed “photo process” led to the indictments of three Duke lacrosse players.

But in a report about the police department’s handling of the case released Friday afternoon, Baker assigned most blame to the attorneys, blaming lack of communication between the defense and prosecution for the 13 months it took to exonerate David Evans, Collin Finnerty and Reade Seligmann.

Baker wrote the introduction to Police Chief Steven Chalmers' report about the department’s role in the case.

He conceded the April 4 photo presentation of all the Duke lacrosse players, which led Crystal Mangum to identify three players as her attackers, was flawed and wouldn’t have held up in court.

But he said investigators showed those photos only so Mangum could identify who was at the party. It was not conducted as or intended to be a suspect identification procedure, Baker said...
Joedy McCreary, AP/MSNBC:
Photo lineup in Duke case not meant to be used -- Durham city official apologizes for mistake that led to player indictments -- Police failed to follow procedures for the photo lineup used to obtain rape indictments against three members of the Duke lacrosse team, a city official said Friday in expressing regret for the mistake.

The lineup was never intended to identify suspects in the case, which finally collapsed last month when state prosecutors declared the three players innocent, city manager Patrick Baker said in a report to the mayor and the City Council.

Instead, Baker said investigators were trying to identify witnesses after the accuser, who had told police she was raped at a lacrosse team party where she was hired to perform as a stripper, had failed to identify her attackers during six previous attempts...

Durham City Manager Releases Police Department Report on Duke Lacrosse Investigation -- Durham, N.C. – Durham City Manager Patrick W. Baker has released his report on the Durham Police Department’s investigation of the Duke Lacrosse rape allegations. The full report is in the attached document.

The report is currently available on the City’s website at www.durhamnc.gov. Hard copies of this report are also available at the Durham One Call desk in the lobby of City Hall, located at 101 City Hall Plaza, Durham.

All media inquiries and interview requests should be directed to Beverly Thompson, director of the Office of Public Affairs, at (919) 560-4123, extension 229 or (919) 475-2362. Media inquiries may also be directed to Amy Blalock, public affairs specialist with the Office of Public Affairs, at (919) 560-4123, extension 253 or (919) 475-7735.
Downloadable Report (.pdf)

Downloadable Eyewitness Identification Procedures (.pdf)
KC Johnson: Whitewash -- Baker clings to the preposterous story that the April 4 lineup wasn't a lineup, but rather an attempt to identify witnesses...

LieStoppers forum: Baker report
FreeRepublic: Durham City Manager Releases Police Department Report on Duke Lacrosse Investigation
TalkLeft: DPD report released
Durham City Manager to Release Police Department Report on Duke Lacrosse Investigation This Afternoon

Durham, N.C. – Durham City Manager Patrick W. Baker will release his report on the Durham Police Department’s investigation of the Duke Lacrosse rape allegations today at 4 p.m.

The report will be e-mailed to local media outlets in addition to hard copies being available at the Durham One Call desk in the lobby of City Hall, located at 101 City Hall Plaza, Durham. The report will also be available on the City’s website at www.durhamnc.gov.

All media inquiries and interview requests should be directed to Beverly Thompson, director of the Office of Public Affairs, at (919) 560-4123, extension 229 or (919) 475-2362. Media inquiries may also be directed to Amy Blalock, public affairs specialist with the Office of Public Affairs, at (919) 560-4123, extension 253 or (919) 475-7735.
LieStoppers blog: DPD Report Expected at 4:00 PM -- Apparently, there will be no press conference to announce the findings contained within the report.

Not surprisingly, Durham Chief of Police Steve Chalmers appears to be out of town for the release of the report on his department's participation in the Hoax. Chalmers attended a Police Memorial Service in Wilmington this morning...
KC Johnson:
Dowd Settlement -- Big news on another front, the following statement has just been issued:

This lawsuit has been settled through mediation to the mutual satisfaction of Kyle Dowd and his family and Duke University, and without any admission by any party of legal liability. The mediated settlement terms are, of course, confidential.

As reflected on Kyle’s transcript, he has received from Duke University a “P” in the Politics and Literature course he took in his senior year.

To review: the Dowds’ suit alleged grade retaliation, and had asked that Kyle’s grade in a class taught by Kim Curtis be changed to a “P” (pass). In this respect, then, the settlement is one-sided. . .
LS forum: Dowd Case Settlement
KC Johnson:
Friday with Farred -- Even in an atmosphere of extreme and indefensible statements by members of Duke’s arts and sciences faculty, Literature professor Grant Farred has distinguished himself for his extreme and indefensible statements. The Group of 88 stalwart published what is arguably the most outrageous faculty op-ed of the entire case, denouncing the hundreds of Duke students who registered to vote in Durham as carriers of “secret racism.” . . .
Glenn Reynolds/all see & all knowing InstaPundit:
K.C. JOHNSON NOTES -- that despite the utter collapse of the Nifong prosecution, members of the Duke faculty are continuing to make fools of themselves. Sounds like more of that "rhetorical will to power by way of narrative control" that I've been hearing about.

This is not academia's finest hour.

Dan Collins, Protein Wisdom blog:
Fall of the House of Other: A Study in Decadance -- The discourse, into which the professor has inserted himself, in the place of the law, in the figure of the judge, to overturn the idea that facts matter, when they impeach the authority of the professor, inserted into his institutional position by virtue of his abiliity to ape the jargon of the white European deconstructionist. What a jackass. . .

Durham Native Lodges Complaint with NCAA -- email sent to David Price, NCAA Vice-President of Enforcement Services, by Durham native Emmett Gill in response to the exoneration of the falsely accused victims of the Durham Hoax..

Nevertheless, President Brand, before we close the door on yet another scandal in college sports I would be remiss if I did not alert you to the hundreds of thousands of dollars in improper benefits the Duke lacrosse student-athletes were given for their legal defense..
LS forum: More Attacks on LAX Players, Emmett L. Gill reports them to NCAA
Pete Thamel, NY Times:
Duke Lacrosse Team Uses Work Ethic to Fix Image -- These are heady times for the Duke men’s lacrosse program. The Blue Devils earned their first top seed in the N.C.A.A. tournament, which begins Saturday. The team earned a cumulative 3.45 grade-point average during the fall semester, and by Sunday, its 13 seniors will have graduated.

But as Duke lacrosse begins to become known for its success on the field, it is haunted by what happened to the team last year...

“The media and other outlets wanted to portray us all as rich, privileged, white boys because that’s how it fit into the story,” the Duke defender Tony McDevitt said. “It just wasn’t the truth. It was just a lie. Anytime you hear blatant lies on television, in the newspaper and on the Internet, it’s going to get under your skin a little bit.”

With the broad brush of elitism covering the team, it seemed fitting that two players from working-class families, McDevitt and his fellow senior defender Casey Carroll, emerged as all-American candidates...
Graham Rayman, Newsday:
Duke coach excoriates school in book -- In an insider's account of the Duke lacrosse scandal, former varsity lacrosse coach Mike Pressler blasts senior university officials for fumbling the case.

In "It's Not About the Truth," scheduled to reach bookstores June 12, Pressler and co-author Don Yaeger say Duke officials failed to support the players publicly and were more concerned about the university's image. They also hint at an attempted coverup.

"The thing that might be most disheartening to me is that ... the only people that have stood up and apologized ... were the players," Pressler says in the book. "The adults in this picture -- the faculty, the administration -- they haven't apologized for anything."

In January, an investigation by the North Carolina attorney general declared all three indicted players "innocent." Pressler, who said he was forced to resign, is now coaching in Rhode Island.

Duke president Richard Brodhead and athletic director Joe Alleva both were criticized.The book also reveals that Pressler and the team kept a secret list of people they felt had wronged them, dubbed, "The Grail."

Tom Butters, a former longtime Duke athletic director, also takes university officials to task in the book. "I know I am probably stepping on toes when I say this, but it was absurd," Butters says. "I wanted someone to step up for Mike and those kids." . . .
John in Carolina:
INNOCENT: Pressler Reveals More -- The Newsday story confirms earlier reports Sue Wasiolek, dean of students, told students not to contact their parents.

Former AD Tom Butters speaking out publicly is a new and important development. Team Brodhead has tried to perpetuate the “we’re all on the same page” myth when in fact there have been many sharp differences within Duke’s leadership.

Friends who usually get things right say Brodhead is coming under increasing fire for what most Duke insiders realize was the bungling of the crisis last March and April and a none too effective PR campaign since to convince people “Problems? Not here.” . . .

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