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Thursday, June 7, 2007

Nifong/Mangum Hoax — June 7, 2007

Updated — today's items:

Jason Trumpbour, Duke Chronicle:
Duke should condemn unlawful acts by police -- Now that the injustice of the lacrosse case has been corrected, let us not forgot another less outlandish but no less outrageous violation of the rights of Duke students by local law enforcement agencies that has yet to be resolved: the Durham Police Department's announced policy instructing officers to arrest Duke students for minor quality-of-life offenses in Trinity Park that would otherwise be disposed of through a simple citation...

The Durham police policy serves neither purpose. Instead, by its own terms, it is meant to be punitive. It was put in place because police felt that the courts were not doing enough to deter Duke students from making noise in Trinity Park. The result is a punishment without a criminal conviction and a violation of the 14th Amendment, which forbids deprivation of liberty without due process of law. Indeed, the fact that many of the students arrested end up being acquitted outright at trial further highlights the injustice.

If the lacrosse case demonstrated one thing, it is that procedure matters. Due process ensures that legal disputes will be settled in a rational rather than irrational manner...

John in Carolina:
INNOCENT: Law Prof Wants Students Treated Fairly
Kristin Butler, Duke Chroncile:
‘Our continuing support’ -- For those of us who have followed the lacrosse case closely, North Carolina Attorney General Roy Cooper's affirmation of our classmates' innocence brings with it strange new questions. What will life be like without midnight blog posts to read and message boards to scour? Much more importantly, when the last report has been written and Mike Nifong's bar card has long since been revoked, how large of a scar will this ordeal leave on our community? ...

So between financial success, community support and applicant interest, things are looking up for our alma mater, right? In a sense, yes. But the fact that alumni and others haven't withdrawn their support in large numbers shouldn't detract from the palpable sense of outrage lingering over Duke's recent behavior...

I wish Steel would actually take his own advice: "unite us all," learn from "the events we have lived through" and "put this learning to use." Let's "make our community stronger" by engaging more Dukies, not just angering them. More input into how our university is run would be a positive start.
Editorial, Duke Chronicle:
NCAA’s waiver bold, and on target -- These are heady times for the seniors of the 2006-2007 men's lacrosse team.

Thanks to the NCAA student-athlete reinstatement staff's recent decision to grant a fifth year of eligibility to members of the 2005-2006 squad, Tewaaraton Award-winner Matt Danowski and 32 other members of this year's team may be looking to rethink their post-graduation plans...

The NCAA's most recent conclusion is unexpected, bold and really quite commendable. Yes, it gives Duke a tremendous leg up next year. But the decision was a much-needed statement that members of the 2005-2006 team (sans the then-seniors, who have already moved on) need to be treated with the fairness they had not been granted during what was a very tumultuous year...
Joe Alleva - Duke Director of AthleticsMeredith Shiner, Duke Chronicle:
Review of AD Alleva underway -- University names regular committee -- The University announced Friday that President Richard Brodhead has appointed a committee for the regular review of Director of Athletics Joe Alleva.

Performance reviews of senior administrators, required by the Faculty Handbook, are typically conducted every five years and result in the presentation of a confidential report to the president.

Alleva, who has held his position since 1998 when he was hired by former president Nan Keohane, is due for a regular review.

The committee, chaired by Trustee Emeritus Harold Yoh, Engineering '58, is comprised of faculty members, administrators and trustees...
Sean Moroney, Duke Chronicle:
Alumni pony up for lax ads -- Last spring, publications and media sources across the nation admonished the 2005-2006 men's lacrosse team for its off-the-field conduct.

Since charges against the three indicted players were dropped and the team climbed its way back to the national title game, critics of those commentators have questioned why they have failed to be as loud in lauding the team's accomplishments.

Two Duke alumni, Aubrey McClendon, Trinity '81, and Bob Pascal, Duke '56, have collectively spent over $500,000 in advertisements to "celebrate" the players' achievements...
Wealthy Benefactor Lionizes Duke Lacrosse Team with Newspaper Ads. -- The Oklahoman today revealed the identity of the person behind several full-page advertisements that appeared in East Coast newspapers praising the Duke University Men's Lacrosse team in the wake of their loss to Johns Hopkins University in the NCAA national championship game, and, unsurprisingly, it was neither Al Sharpton nor Nancy Grace (Still waiting, you two!). The benefactor was, in fact, Aubrey McClendon, the chairman, founder and CEO of the Chesapeake Energy Corporation. A Duke alumnus, whose own son rooms with a member of the lacrosse team, McClendon was moved to act after seeing a similar advertisement in the USA Today, funded by another alum...

Duke Basketball Report:
The Story Behind The Lacrosse Ads -- Several of you have written to ask about or mention the recent lacrosse advertisements. Here’s some more inside information on the ads.All together, there were ads in seven papers and will be in two lacrosse magazines other than the initial ad, which was sponsored by Bob Pascal, duke ‘57.

The other ads were purchased by an Oklahoma billionaire [Aubrey McClendon] and Duke grad who chose to remain behind the scenes. He saw the Usa Today ad, contacted Pascal, and asked if he could run essentially the same ad in other papers. On Sunday, the ads were in the New York Times, the Washington Post, The N&O and the Herald-Sun, and in Monday’s Wall Street Journal as well...

Pascal’s ad cost $106,400. The latest run of ads will surpass $400K. That’s really putting your money where your mouth is, isn’t it? Pretty remarkable.

The ads were created by Jeff McElhaney, who owns a Washington ad agency. McElhaney, incidentally, is a UNC grad.
Shreya Rao, Duke Chronicle:
Five chosen for DPD inquiry -- In a special meeting June 1, City Council members named five members of the 12-person committee that will be responsible for reviewing the Durham Police Department's part in the Duke lacrosse case investigation.

The committee will be led by former state supreme court justice and state legislator Willis Whichard and will include the current police chiefs of Charlotte-Mecklenburg, Winston-Salem and High Point, as well as a former chief of Chapel Hill...
Jin Noh, Duke Chronicle:
Citizens question would-be chiefs -- The three finalists for the Durham police chief position introduced themselves to Durham citizens and police officers and answered their questions Tuesday evening at a public forum held at City Hall...

Candidates' responses were generally similar and focused on developing stronger relations with the community and reducing the crime rate dramatically.

However, concerns about the their records were raised by the moderator, who asked if the candidates had anything that could be an "embarrassment to the city" if revealed.

Both Hodge and Lopez deflected the question by confronting past alleged charges recently brought to light by the local media and stating that each had gone through the legal process and that these charges were without basis...
Shuchi Parikh, Duke Chronicle:
Sans Duke dollars, Durham dries -- As Duke students leave for the summer, few are at Shooter's II seen riding the famous rodeo bull and climbing into the elevated cage.

With most students gone, the change leads to a huge drop in revenue every summer for the Western-themed student hotspot.

And with Duke students spending an estimated $92.5 million at off-campus establishments, according to a 2003 study by the Office of Public Affairs, the summer slump that affects some Durham businesses is not surprising.

As summer begins, local nightclubs favored by students during the school year see a significant decline in business. Business at Shooter's, for example, falls 85 to 90 percent and stays that way the entire summer, said manager Kim Cates...
Forum Topic(s) of Note:
LS forum:
Osmond Smith -- [ by defense Attorney Brad Bannon] -- I have read a lot of comments & commentary critical of Judge Osmond Smith and his conduct in the matters of the State of North Carolina v. Evans, Finnerty, & Seligmann. As someone very close to those cases & the victims of this hoax, I understand the desire to hold accountable those responsible for instigating & perpetuating it. As someone with previous experience before Judge Smith, and as the lawyer on the defense team primarily responsible for pursuing discovery issues at every hearing where Judge Smith presided in the Evans/Finntery/Seligmann cases, I can assure you that he is not one of those people...

comment: How many defense motions were still sitting in Judge Osmond Smith's in-box when Nifong turned the case over to the state?

LS forum: A Duke Conversation - Philadelphia -- I also attended yesterday's Philadelphia ADC. ... After the Q&A was over, I was able to stop Brodhead in the hallway for a few quick questions.

Q: He personally wrote to the president of Armenia in support of jailed graduate student Yekatan Turkyilmaz. Why show that level of support to him while doing absolutely nothing for the lacrosse players....

LieStoppers blog: Brodhead Rehab Tour Hits Philadelphia

KC Johnson: Brodhead and the Group -- More than 20 Duke faculty members—Steve Baldwin, Michael Gustafson, Michael Munger, the Economics professors—have publicly criticized the Group’s statement. In his Philadelphia

remarks, when Brodhead stated that the ad “doesn’t say what people have been told it says,” was he referring to the critiques of the statement by own professors?

It seems, in short, in his defense of the Group’s statement, and his implicit criticism of those on his own faculty who have questioned the statement, Brodhead is suggesting that he can comment on the statements of his faculty...
John Stevenson, Herald-Sun:
Judge promises local hearing for Nifong -- Whether or not the N.C. State Bar penalizes District Attorney Mike Nifong next week for his handling of the Duke lacrosse sex-offense case, a local hearing will be held soon after that could lead to Nifong's removal from office, Durham's senior judge said Wednesday.

Judge Orlando Hudson said he will conduct the hearing, requested by Nifong critic Beth Brewer, without waiting for Nifong to appeal any punishment imposed by the State Bar.

The appellate process could drag on for months, and Hudson said he doesn't want Nifong's fate in limbo that long.

Hudson said the local hearing will occur even if the State Bar exonerates Nifong on charges he made unethical media statements about the lacrosse case in its infancy last year and withheld DNA evidence favorable to three defendants and lied about it...
Joe Neff & Anne Bythe, Newsobserver
Durham DA may face another entanglement -- District Attorney Mike Nifong, who already faces serious charges by the State Bar, could find even more trouble ahead from a judge concerned about the prosecutor's handling of the Duke lacrosse case.

A week before Nifong is scheduled to go before the N.C. State Bar to find out whether that organization will punish him for his conduct in the case, Judge W. Osmond Smith III filed a memorandum in Durham County Superior Court noting that he retains control over the lacrosse case and has the power to discipline Nifong as well...
LieStoppers blog: Judge Smith Takes Aim At Nifong
LieStoppers blog: Judge Smith's Memorandum in the Cause
Duke Basketball Report:
Nifong - Sanctions Now Possible From Three Different Sources -- Mike Nifong now faces three distinct threats to his career: first of course is the NC Bar hearing, which starts next week. Then Judge W. Osmond Smith, who oversaw the process of the case, announced he may have some things he’d like to take up with the D.A. regarding his presentation of the case in his courtroom. And then finally (or at least finally for now), Judge Orlando Hudson has announced he’ll conduct a hearing about Nifong which could result in his removal from office. Judge Hudson says he’ll do so “almost immediately” after the bar hearing, and regardless of the outcome there, since the appellate process could drag on for some time.

This is a significant victory for Beth Brewer, of Liestoppers fame, who has pushed and prodded Hudson to take some action against Nifong.
KC Johnson:
Smith Cautions Nifong -- In a 10-page memorandum released yesterday, Smith reminded Nifong that he still could have a major role to play in fallout from the case. Ironically, Nifong himself set the stage for the release of Smith’s document. In his rambling December 28 response to the Bar (the letter in which Nifong suggested a conspiracy against him led by none other than Friends of Duke’s Jason Trumpbour), the district attorney strongly implied that Smith had no problem with his entering into an agreement with Dr. Meehan to intentionally withhold exculpatory DNA evidence. Wrote Nifong ...
Letters to Herald Sun:
There was no rape -- Regarding Durham City Council member Diane Cattotti's insistence on the appointment of a rape crisis counselor to the panel investigating the Durham Police Department's mishandling of the Duke lacrosse case: This is the equivalent of insisting on the appointment to the 9/11 Commission any one of those people who believe that the U.S. government blew up the World Trade Center.

The lacrosse case is not about a rape. It is about a woman who lied about a rape and all the forces that fell in behind her to promote their own agendas and biases. The focus should be on those forces. It should not be on the lie.

Tucker Charns

John in Carolina: INNOCENT: Catotti Country (Post 3)
Joan Foster, LieStoppers:
The Deputy Chief with A Durham Attitude -- "What I know about the Duke lacrosse case and the need for us to rebuild in the community seems to be a perception that's portrayed by you guys in the media. ... I know that our citizens are tired of the Duke lacrosse case, our officers are not so much tired of the Duke lacrosse case, but are probably getting a little impatient with how it's being covered and played out in the media and probably more importantly how people are asking them questions about it out there in the public....[I don't] recall that the Durham Police Department has been involved in something where we made major mistakes in the past five years" - Durham Deputy Police Chief Ron Hodges
I'm the Deputy Police Chief
With a "Durham attitude"...
It's the media's wrong "perception"
Which "outsiders" misconstrued.
We're "impatient" with this coverage
We're all "tired" of this case.
So the Lacrosse kids were railroaded ...Oops!
Not our mistake! ...
DPD Deals in Bad Faith -- Craig Henry offers a nice follow up to Momtothree's latest Our Collective Voice submission at his Lead and Gold Blog. Henry, citing an excerpt from Don Yaeger and Mike Pressler's "It's Not About Truth," notes that the Durham Police Department leaked news of the Nontestimonial Identification Order to the News & Observer in violation of an agreement made with an attorney representing the framed Duke Innocents and their teammates...
John in Carolina
INNOCENT:Praise for the Herald Sun -- I’ve criticized the Herald Sun so often you may wonder whether I’m capable of saying anything good about the H-S.

Well, read on.

In the past week or so the H-S’s Duke Hoax coverage has improved markedly. A number of recent stories by Ray Gronberg have been informative and well done. What a welcome relief from John Stevenson’s “Anything for Nifong” stories...
Carey Roberts, RenewAmerica.com:
Lots of lucre in false claims of abuse -- This is a tale of four women who made phony allegations of abuse. All the accused men had to pay dearly to clear their good names. And all four women got away pretty much scot-free...

Crystal Gail Mangum of North Carolina is another serial false accuser. In 1993 she claimed to have been raped by three men. For reasons unknown she didn't get around to filing the police report until three years later. And then she got cold feet and dropped the claim.

Thirteen years later Crystal Gail Mangum again claimed to be a victim of rape, but this time she was more choosy, naming three well-to-do Duke University lacrosse players as the attackers.

After prosecutor Michael Nifong steped down from the case, North Carolina attorney general Roy Cooper pronounced the players innocent on all charges. Yet Cooper does not plan to prosecute Ms. Mangum for perjury. The reason? Mangum "may actually believe" her allegations to be true.

Each of the lacrosse players spent an estimated $1 million in legal defense fees.

In a country that prides itself on the "innocent until proven guilty" principle, how do we account for these legal travesties?

In some cases, the false accusers were emotionally unstable. Other times the women acted out of spite and vindictiveness.

But most of all we should cast the finger of blame on the Violence Against Women Act, the federal law that allows $65 million a year for the legal fees for women who claim to be victims of abuse, but not a red cent for those who are falsely accused.
Michael Gaynor:
Big problem at Duke: political correctness -- The State of North Carolina finally stopped persecuting members of the 2005-2006 Duke University Men's Lacrosse Team last April, but the insidious effects of demonizing them and their teammates have not been undone, especially at Duke, where political correctness still controls and admitting mistakes is not among the goals.

A relative of a 2007 Duke graduate who was NOT fooled by the gang rape tale recently emailed me in part: "In talking to [the graduate] and several of [the graduate's] friends a couple of weeks ago, I was disappointed to see that they all loathed the lacrosse players and believed them capable of rape. Although none had first-hand information, they uniformly described the lacrosse players as bullies and drunks. Of course...they're simply products of a liberal environment, parroting what they've heard rather than thinking independently. Still, it's disturbing." ...

But, Duke as an institution, all but one of the Group of 88 and others (like Professor Broverman) who served as fellow travelers to the 88 have not apologized, much lest tried to atone, for demonizing players without justification as racists who either participated in a gang rape or protected those who participated. (I consider Duke's decision to petition the NCAA to allow those team members who did not graduate in 2006 to have an extra year of eligibility simply part of a legal strategy to mitigate damages, since Duke has not admitted it was wrong in the way it dealt with the Hoax.)

That's intolerable.
Letter, Charlotte Observer:
Lacrosse team ill-suited for label of `good guys' --

In response to "2nd ad by Duke grad praises lacrosse team" (June 3):

While I wouldn't wish Mike Nifong's irrational treatment of the Duke men's lacrosse team on my worst enemies, I also don't want to see these men -- they are men -- depicted as some sort of Cinderella story for other college students or for those who think they've been undone by "the man."

These guys weren't who you wanted your kids hanging out with. Many had been in and out of trouble with the school and Durham police before black strippers instead of white strippers showed up at that house in March 2006.

Sam Spence
Woman Charged With Making False Kidnapping/Rape Report -- A woman who told police she was kidnapped and raped on June 4 has been charged with making a false report.

Police said they responded to the kidnapping/rape call that had originated at the Wal-Mart on Signal Mountain Road earlier at 1 a.m. The alleged victim, Jennifer Faye Anderson, 38, told police when she came out of the store and started to drive off, an unknown person was in the back and she felt a stinging in her arm.

Ms. Anderson said the next thing she remembered was driving in an unknown area. She told officers she had been raped and kidnapped and that she had several needle marks from the incident...

Ms. Anderson was charged with making a false report and was booked for an outstanding warrant not related to this incident.
WRAL poll: 92% Say Nifong Should ResignWRAL:
Poll - Should Mike Nifong Resign?
WRAL Poll: 92% Say Nifong Should Resign

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