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Wednesday, July 4, 2007

Nifong/Mangum Hoax — July 5, 2007

Updated — today's items:

Dan Abrams (top left), Tucker Carlson (right) & Mike Pressler (lower left)TRUTH SQUAD
Tucker Carlson interviews Mike Pressler, MSNBC:
'Tucker' for July 2 [transcript] --

CARLSON: Our society entrusted Nifong with so much power and he abused it for the smallest reasons. I hope he goes away for a long time. I‘m really glad to talk to you finally and I appreciate you coming on.

Thank you.

PRESSLER: Tucker, two things. First, you and Dan Abrams, I remember, early on, were trying to slow this case down. And you were one of the few in the media—you and Dan—that were really, wait, let‘s see some evidence here before we judge this team and this program. So I want to thank you both for your support from day one.

CARLSON: I appreciate it. Mike Pressler, thanks a lot for coming on.

PRESSLER: Thank you.

----------
New Lehigh men's lacrosse coach Kevin CasseseLaxMagazine, cstv.com:
Lehigh Hires Duke Assistant Cassese --Following an extensive national search, Lehigh has named former Duke assistant coach Kevin Cassese as its new men's lacrosse head coach.

Cassese replaces Chris Wakely, who stepped down last month due to a medical concern. "I'm excited for this wonderful opportunity to be the head coach at Lehigh University," Cassese said Thursday. "Lehigh is an excellent school, one of the top academic institutions in the country, and I am looking forward to being a part of the Mountain Hawk family."

Cassese continued, "There are terrific kids within this program who received great direction under Chris Wakely for the past six years, and I plan to continue the tradition that Coach Wakely started and also build a tradition of excellence with the intention of bringing the program to new heights."

"Kevin Cassese has all the qualities to be an exceptional college head coach," Lehigh Dean of Athletics Joe Sterrett said...
discussion:
KC Johnson: Cassese to Lehigh
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John in Carolina:
INNOCENT: Brodhead didn't even whisper -- Brodhead excuses himself for what he did and didn’t do by telling people it was a “confusing time” in which“[t]he facts kept changing. Every day we learned new things that no one knew the day before.” ...

why couldn’t Brodhead have figured that out and at least have whispered it in the ears of people like Durham Herald Sun editor Bob Ashley, Duke Professor Peter Wood and Raleigh News & Observer columnist Ruth Sheehan?
----------
LieStoppers blog:
What Did They Know and When Did They Know It? -- Throughout the Nifong/Mangum Hoax, one enduring question has been: "What did Mike Nifong and his Durham Police Department accomplices know and when did they know it?" The question appears central to the next round of repercussions for the rogue DA, his accomplices in the Durham Police Department, and the enablers of the Hoax. To date we have witnessed: the criminal charges against the Duke Innocents dismissed and proved false; the rogue prosecutor disbarred, disgraced, and removed from office; a city council committee appointed to review the actions of the police department commission; five civil settlements conceded to by Duke University; and a criminal contempt of court hearing scheduled for former DA Nifong. As the prospects of anticipated civil litigation as well as State and Federal Department of Justice criminal and/or civil rights investigations await, the recent State Bar Disciplinary Hearing Committee proceedings have offered some insight and answers...
----------
Forum topic(s) of note:
LS forum:
DPD Fabrications!, Fabricatiions and Felonies! -- It makes absolutely no sense that the DPD didn't get a written statement from Crystal until 4/6/06. It was in Law Enforcement's interest to get her written statement while it was fresh in her memory. Instead, we are led to believe that she didn't provide a statement for over THREE WEEKS after the party...
comment: This fact that "DPD didn't get a written statement from Crystal until 4/6/06" has been a pigeon dropping in the the hoax cup of coffee for ages--

TJN (August 6, 2006)
Duke Case: Digging through the gaps, inconsistencies, and rubble to see the Hoax -- ... It's amazing to learn from Mr. Neff's article that Ms. Mangum's handwritten statement wasn't given until April 6th. That is incredible. You have to wonder if she made an earlier written statement that was "lost" by the investigators because it was just too preposterous a story...

TJN (Sept. 14, 2006)
Himan Sworn Statement -- I have received specialized training in Law Enforcement throughout my career. I have attended the following classes related to law enforcement: Interview and interrogation, ...

Gottlieb Sworn Statement -- I have attended the following classes related to law enforcement: National District Attorneys Domestic Violence Conference, Rape and Sex Crimes Investigations, Interview and Interrogation, ...

TJN (September 15, 2006)
Duke Case: Statement Analysis -- ... Investigators met with Ms. Mangum several times before April 6th. Why did it take police investigators over three weeks to obtain a written statement from Ms. Mangum? This delay certainly contributed to their inability to detect Ms. Mangum's lies and deception regarding the rape...
TalkLeft:
OPERATION COVERUP - SAVE NIFONG -- Cash Michaels, who had the nerve and unmitigated gall to tell a TV reporter that he did not attempt to lynch three innocent boys, coujldn't show the good grace and common sense to know that the moment Mike Nifong resigned immediately, he had lost. No, that isn't enough.
--------
KC Johnson:
Nifong Quotes Grace -- An interesting, and revealing, vignette from Ben Himan’s deposition. On January 11, 2007, Nifong had a lengthy meeting with Crystal Mangum—not to discuss the myriad contradictions in her stories, but to tell her he was going to recuse himself from the case...

It was almost as if Nifong was quoting the Saturday Night Live parody of Nancy Grace, which had aired a short while before his January meeting with Mangum...
---------
LieStoppers:
"Major Mistake" Free DPD Sued Over Claim of Repeated Civil Rights Violations --

Laughter erupted when [DPD deputy chief Ronald H.] Hodge said he didn't "recall that the Durham Police Department has been involved in something where we made major mistakes in the past five years." - Brianne Dopart, The Herald-Sun (June 6, 2007)

"Photographer sues over treatment by Durham police" - Matt Dees, The News & Observer...
Alan Jackson Croft, Jr.related:
TJN: Durham's Darkside -- my brother was found executed in Durham NC, on May 05, 2005. His name is Allen Jackson Croft Jr. The sheriff there refuses to send us the reports, tests, and information we requested via the FOIA. This is the same department that handled the Duke rape, and the most recent fiasco of being caught on tape, plotting murder for hire, trafficking in drugs, and women for forced slavery as prostitutes, and counterfeiting...

UPDATE: Help is Needed -- glad to say Mr Hardin has Jack's case before him now... please call
--------
LieStoppers:
Deputy Chief Ron Hodge Apologizes for Non-Major DPD Mistake --

Laughter erupted when [DPD deputy chief Ronald H.] Hodge said he didn't "recall that the Durham Police Department has been involved in something where we made major mistakes in the past five years." - Brianne Dopart, The Herald-Sun (June 6, 2007)

"Boy says he was mistreated by officers" - Matt Dees, The News & Observer (September 28, 2006) ...
---------
LieStoppers:
Flashback: Police raid in Durham ruled unconstitutional --

Laughter erupted when [DPD deputy chief Ronald H.] Hodge said he didn't "recall that the Durham Police Department has been involved in something where we made major mistakes in the past five years." - Brianne Dopart, The Herald-Sun (June 6, 2007)

"Police raid in Durham ruled unconstitutional" - Demorris Lee, The News & Observer (July 11, 2002) ...
---------
William V. 'Bill' Bell - Mayor of DurhamDavid Ranii, News & Observer:
Feds require changes at bank -- Durham's Mutual Community Savings Bank was cited for 'inadequate management.' -- A bank whose board chairman is Durham Mayor Bill Bell has agreed to overhaul its operations after running afoul of federal and state regulators.

Mutual Community Savings Bank has agreed to an order that, among other things, calls for it to stop operating with "inadequate management" and "in such a manner as to produce net operating losses."

The order does not mean the bank is shutting its doors. "We're still in business, and that is the bottom line," Bell said Tuesday.

Mutual was founded 86 years ago by African-American businessmen, providing a financial lifeline that helped to create a black middle class during the decades of Jim Crow. It also was one of the anchors of Durham's famed "Black Wall Street." In addition to the mayor, its board includes prominent citizens, including two pastors and the provost of N.C. Central University.

The bank has been under a regulatory cloud since it disclosed in May that it had received a proposed cease-and-desist order from the Federal Deposit Insurance Corp. and the N.C. Office of the Commissioner of Banks...
discussion:
John in Carolina: Durham Mayor’s Bank Problems -- The Durham Herald Sun has so far said nothing about the Durham bank's problems and the FDIC and NC Office of the Commission of Banking’s actions.

Another day in Durham.
---------
Letters to Herald-Sun:
Prejudice exposed

Tony Madejczyk [Letters, June 30] seems to think I misunderstood his letter. I do not feel I misunderstood his letter, which attempted to place the blame for the Duke lacrosse fiasco at the feet of the victims. Madejczyk continues to blame the LAX 3 for this travesty, which is like blaming a rape victim due to her manner of dress.

Maybe Madejczyk does blame women for being raped. Based on his logic, that is what I would assume. Also, Madejczyk seems to think the LAX 3 received justice only because of their financial wealth. I would like to explain to Madejczyk that these young men were railroaded due to their wealth, race and sex by Durham's black leaders, Durham police, Mike Nifong, Duke professors and feminists gone wild. If the LAX team was not predominately white and rich, we would have never heard of the Duke LAX case.

One of the sad things about this fiasco is that Nifong is taking the fall for all the other culprits. However, it has been great for the world to see the racism, sexism and class-hatred exposed among the left wing nuts, feminists-gone-wild, black leaders and Duke's Group of 88. I have a feeling that these prejudiced groups and individuals will not be taken seriously in the future. This is a good thing. Madejczyk and his ilk need to do a large amount of soul searching and apologize to the world for their prejudiced mindset. How sickening.

Rodney Turner
Durham
---------
Show some mercy

No one should be kicked over and over when they are already down. How dare the community keep kicking Mike Nifong. Nifong is a noble man in a profession that is not known for its nobleness. Where is your character? Who is your God? The entire episode reminds me of the crucifixion of Christ. What has Nifong done for you to cry, "crucify him, crucify him?" I wonder how many of the defense lawyers are trying the case for free. If they feel so strongly about the reputation of Duke University and those students, why charge for your services?

The wrong person is being punished as a result of this debacle. The Duke students who disrespected their school to the extent that they would invite a stripper to put on a raunchy, half-naked performance for a party are the ones who deserve punishment. Get a bunch of alcohol-filled, rowdy young men together and one or two of them will probably taunt and invade, with an instrument, a sassy-talking black woman.

Nifong knows the history of how black women have been violated and nothing was done about it. He planned to bring about justice without regard to race, status or school affiliation. The actions against Nifong are so harsh the universe is trembling.

The divine master will not let you get away with your unforgiving hearts. All humans make mistakes. We got to forgive and choose mercy over justice every time.

Carrie T. Smith
Durham
discussion:
KC Johnson: The Suffering Nifong -- A commenter noted that an appropriate religious reference for Nifong does exist: "Perhaps he could be the patron saint of corrupt prosecutors."
----------
Apology was made

I would like to respond to Tony Madejczyk's letter of June 30th in which he says, "These boys misbehaved in having their wild parties, and this series of unfortunate events is the result. I think it would be a nice gesture if these young men would apologize to their parents, the Duke community and the good citizens of Durham for their costly shenanigans."

Actually, the players did apologize, and early on. In their statement of March 28, 2006, the team captains said, in part: "(We) met this morning with President Brodhead, and expressed sincere regret over the lapse in judgment in having the party on March 13 which has caused so much anguish for the Duke community and shame to our families and ourselves."

That sounds like a pretty strong apology to me. The full statement is in the lacrosse archives of at Goduke.com.

Ken Duke
Durham
----------
John in Carolina:
INNOCENT: A Great Duke Story at Johnsville -- Who would have believed that after all the slander and libel those students endured; after they were abandoned by Duke’s Dick Brodhead, the University’s President; by Duke’s Trustees; by the administrators who comprise “Dick’s senior team;” by all but a handful of faculty while viciously attacked by many faculty; after being trashed in the media and realizing the Durham Police Department was repeatedly lying about and endangering them in response to which their University and its Police Department said nothing; and having good cause to fear for their physical safety; those 15 students never the less achieved academic distinction and played on a championship team?...

TJN remains one of my “must visit daily” blogs.
comment: Big thank you, John!
--------
KC Johnson:
The Himan Deposition -- Himan’s Conclusions -- As to the defense, Himan noted, “It was unbelievable how much stuff they actually turned over to the Attorney General’s office”—pictures, documents, alibis, receipts. Nifong, Himan conceded in response to a question from Doug Brocker, could have had access to all this information.

Asked what he believed by the end of the investigation, Himan responded,

I came to the conclusion that she had made up—that she was not telling the truth about anything. That she was improvising everything that she has said. That everything she was contradicted with, she would make up improvisation of what actually happened—of why this happened, why this didn’t happen.

By the end of the case, Mangum was accusing Himan of being paid off by Duke, as part of her general claim that Duke—the same institution whose activist faculty had portrayed the players as racists and likely rapists and whose president had said “if they didn’t do it, whatever they did was bad enough”—had manipulated the evidence to ensure the players’ innocence.

Of all the stories that Crystal Mangum told, this one might have been the strangest.
---------
Jon Ham, Right Angles blog:
‘The Staircase Murders’ affected by Duke lacrosse case -- I’m watching “The Staircase Murders” on Lifetime and it occurs to me that much of the verisimilitude of this movie about the Michael Peterson case has been lost because of the Duke lacrosse case...

Also, all of Peterson’s comments about the incompetence of the Durham Police Department are much more meaningful than they would have absent the Duke lacrosse case history.
---------
Michael Gaynor:
Duke case: Combat lies with truth -- My "Duke Case: Follow Money, Discover All, Do Justice" article, posted July 1, 2007, pleased some, pained some and perplexed others...

Predictably, North Carolina journalist and television commentator Cash Michaels took the opportunity to blast the article as "baloney" and what I wrote about him as "pure garbage" (while protesting TalkLeft's rules).

So that article MUST have merit! (Note: Mr. Michaels and I DO agree that taking money from someone else's purse without permission is wrong.) ...

The suggestion that a fellow who had his physical manhood insulted thereafter proved his manhood by sneakily taking money from a purse is preposterous to me. The admonition that one who sleeps with dogs wakes up with fleas contains much wisdom. Inviting strippers home is recklessly rolling the dice. To be sure, it does not justify bogus felony charges and bringing down national opprobrium on a whole team, but it would have been criminal to kidnap, rape or sexually offend a stripper if it really happened and taking money from a purse is a wrongful taking, even if the owner of the purse is a prostitute or a pimp.
---------
Letter to Herald-Sun:
Letter divides Durham

H.P. Brock's letter of June 28 is an astonishing combination of arrogance and ignorance. He indicates that the Duke lacrosse team initiated all of these problems by having a party with strippers and by indulging in sexist and racist comments. While boorish, these things are not illegal, whereas the accuser's, Mike Nifong's and Durham police's actions over many months violate both the law as well as standards of reasonable conduct.

Further, Brock's letter states, "I, like all other Durham citizens, are ready for these "Northern immigrants to return to wherever they came from and never return."

I very much doubt if all -- or even most -- Durham citizens feels this way, especially because Duke has been the fundamental underpinning of the community for decades and has been economically decisive to Durham for generations. Duke in aggregate -- the university, the Medical Center and all things affiliated with them -- provides Durham with billions of dollars annually. Without Duke, Durham's economy would be depressed and its perpetual underclass would have few options for success and for improvement.

Duke and Durham need to work together; separatist and egregiously inaccurate letters like Brock's undermine enlightened efforts to resolve problems and to cooperate.

R.W. Kiefer
Springfield, Va.
July 4, 2007
--------
Chauncey Nartey and Shadee MalaklouHONORING THE ENABLERS/POTBANGERS
KC Johnson:
Orwell in Durham -- [William J. Griffith University Service Award winners Nartley & Malaklou] -- Some people might consider sending an e-mail that prompted a Duke officer to file a harassment claim and being president of a fraternity suspended by its national overseers (Chauncey Nartey) or publishing an op-ed in the local newspaper containing unsubstantiated, slanderous allegations against dozens of Duke students (Shadee Malaklou) to be disqualifying acts for an award that honors those who made a “significant and positive impact on University life” and understood the responsibilities of “effective university . . . citizenship.”
discussion:
LS forum: Duke Gives Service Awards to Nartey, Malaklou ...
----------
Rev. Dr. William J. Barber II. President, N.C. NAACPENABLER/SLIME MONGER/BITTER-ENDER
Rev. William Barber, Wilmington Journal:
OUR VOICE, GUEST EDITORIAL BY DR. REV. WILLIAM BARBER, PRESIDENT OF NC NAACP, ''LESSONS FROM THE LACROSS PARTY: THE PROOF WILL BE IN WHERE WE GO FROM HERE'' --
Come now, and let us reason together, saith the Lord: though your sins be as scarlet, they shall be as white as snow; though they be red like crimson, they shall be as wool. Isaiah 1:18 (King James Version)
And ye shall know the truth, and the truth shall make you free. John 8:32


Since the North Carolina State Bar disbarred Durham County�s District Attorney, Michael Nifong, we have received many inquiries about what lessons we should draw from the way the media and the criminal justice system handled the acts of the participants at a lacrosse team party in Durham last March. The official process of collecting evidence for a criminal trial has been stopped. But the learning process of each of us as we seek to live our lives in tune with God�s will must never end.

The first lesson is we must remember is how we got here. Everything began when the sordid details of an illegal party were made public. An illegal party gone wild, filled with drinking, solicited strippers, and illicit sexual atmosphere and activity which descended almost immediately into negative sexual verbal innuendos and racial slurring.

Photos revealed the level of drunkenness. The young men were not at a choir rehearsal and the young women were not in fashion show...

12:03:57 AM photo of lacrosse party12:03:57 AM party photo - note "level of drunkenness" (click to enlarge)

This was not a church social but a highly charged gathering with explicit sexual overtones serving as the dynamite, and alcohol acting as the fuse. We must learn something from the challenges of drunkenness, sexual exploitation, and the use of pornographic activity as a form of work and survival. The young women who came as strippers did not just walk off the street�they were invited. We must remember it was this set of undisputed facts that prompted Duke President Richard Brodhead to suspend the lacrosse team�s season. He knew, when he acted to discipline the team and its coach, they were guilty of activities that violated Duke�s rules�activities which had serious and illicit sexual and racial overtones...

I am a person in public life. I can�t forget that Mike Nifong is a real person who, like all of us, struggles with the pressures of his job and has to live with the decisions he made. So I would caution those who are now piling on to Mr. Nifong. Those who seem to want more than just discipline. Be careful with revenge...
related:
Cash Michaels, TalkLeft: OPERATION BLOODLUST - DESTROY NIFONG
-- By now I've expressed my displeasure with Mike Nifong. As I've said before, even if he took on the Duke case as an honest endeavor to prosecute three athletes he believed raped an exotic dancer, Nifong's handling of it was so bad, so sloppy and so inept, he deserves to be drummed out of office just on the basis of his performance.

But that does not mean that i share in the apparent bloodlust that's going in an effort to literally grind the man into dust...

comment:
Will Cash "in the bag" Michaels or Rev. "Church of Slime" Barber now contribute to a Nifong defense fund? Nifong would appreciate their charity.
--------
Peter BaileyMORE JOURNAL OF SLIME & HATE
A. Peter Baily, Wilmington Journal:
OUR VOICE, GUEST EDITORIAL BY A. PETER BAILEY, ''ACQUITTED DUKE LACROSS PLAYERS ARE NOT CHOIR BOYS'', WEEK OF JUNE 28-JULY 4, 2007 -- For historical accuracy it is important that the Duke University laCrosse players accused, falsely it has been determined by the courts, of rape are not sweet little choir boys. They are pampered white frat boys who pulled together a boisterous, raunchy party to which they invited two Black strippers to “perform.”

As for their lives being irrevocably ruined, that is total bull. The good ol’ White frat boy network will see that they are gainfully employed and they themselves will be entertaining their frat brothers with tales of their exploits for the next 40-50 years. That is a much better deal than the one received by hundreds of Black teenagers and young men, who through the years, were lynched or jailed for many years on false accusations of rape of White women...
discussion:
LS forum: Seriously, how much longer?, LACROSSE IS NOT A FRAT FOR ONE!

ABC11-TV/WTVD: Cash in good company (more racism at the wilmington journal)
----------
John in Carolina:
INNOCENT: A Nifong & Brodhead Parody --

Here's Winston S. Churchill in a letter to the Times of London, July 8, 1902:
"It is for the accuser to prove his charge, not for the defendant to prove his innocence.”
Here's Duke University President Richard H. Brodhead in his letter to the Friends of Duke University, July 25, 2006:
"We are eager for our students to be proved innocent."
----------
----------
KC Johnson:
Ignoring Academic Procedure -- ... how is it possible to account for Brodhead’s persistent defenses of the Group’s statement—and his implicit rebuke of the Duke faculty members who have dared to criticize the Group? Only two reasonable explanations come to find...

The first: He was frightened of the Group. As they have made clear over the past 16 months, Group members are quick to condemn anyone who disagrees with them as sexist or racist or both...

The second: Brodhead supports the Group’s agenda...
---------
John in Carolina:
INNOCENT: Ross Pipes Wasn’t “Confused” -- Brodhead excuses himself for what he did and didn’t do by telling people it was a “confusing time” in which“[t]he facts kept changing. Every day we learned new things that no one knew the day before.”

Now we turn to Ross Pipes whose letter appeared in the N&O on Apr. 12, 2006 ...
Ross Pipes: With the primary election three weeks from now, it appears to me that Mike Nifong is continuing his investigation to benefit his election campaign. I have decided to publicly presume Nifong's guilt in using this case to further his political ambitions and to vote against him in the primary...
----------
John in Carolina:
INNOCENT: At The N&O Race Matters -- Many people, including some journalists, believe the Raleigh News & Observer’s editorial page and news reporting often show a racial bias that favors blacks over whites. They want the N&O to adopt a policy that favors neither race.

Those who criticize the N&O for racial favoritism note that when reporting crime stories the N&O often fails to include police descriptions of the suspect(s) or anything about the suspect(s) background...
----------
FALSE ACCUSER FAN CLUB
Yvonne Marcotte, EpochTimes.com
Book Review: 'A Rush to Injustice' -- So many blunders, possibly deliberate, will affect the character of one of America's elite universities for years to come. Imagine a different outcome to this cautionary tale if the unfortunate woman at the center of the storm had been treated with compassion, if there had not been a rush to judge the student athletes, if the prosecuting attorney's ambition had not clouded rational thought and the Duke community had looked at its own behavior...
comment: How much compassion do false accusers need? Has the "Thou shalt not bear false witness" commandment been repealed?
----------
Kathleen Eckelt RN, FNEKathleen Eckelt RN, FNE; Forensics Talk:
Why Promoting Crystal Gail Mangum Hurts Real Victims --
None of us will ever know exactly what happened that night.
Actually, we do know exactly what happened that night.
Unfortunately, there are those who simply refuse to acknowledge it.

I have received many positive comments, and few negative ones, regarding the two previous posts, concerning Anne K. Ream's opinion article on the Duke Lacrosse case. I've even had my knuckles smacked with a ruler, so to speak, by both Ms. Ream and Ms. Joanne Archambault, contact person for SATI (Sexual Assault Training & Investigations), for not being respectful enough to Ms. Ream in my posts.

Of course, I did notice that Ms. Ream seems to prefer to address people, in her emails, as To Whom It May Concern, rather than by name. Whenever I write, or respond, to someone, I'm respectful enough to address them by name, whether I agree or disagree with them.

Be that as it may, my intent is not to be disrespectful to anyone, especially persons who are also fighting against violence, since that's my purpose as well.

However, I do not believe that purpose is served by standing behind, even promoting, someone like Crystal Gail Mangum. Her name alone is akin to Adolf Hitler. Everyone knows who it is and what the name stands for.

Her name is not a shining beacon, serving to guide victims of sexual assault. But rather, a dark, sinister shadow one should avoid at all costs...
discussion:
LS forum: Response from Anne Ream
LS forum: The Duke Lacrosse Case: Cheers can't drown out pain

William Jockusch, Green Eggs & Bacon blog:
Anne Ream's bigoted mind -- Anne Ream's recent column in the Chicago Tribune was bad enough. But her recent attempt to justify herself is even worse. Taken together, the two reveal Ms. Ream's bigoted mind.

According to Ms Ream, she is looking at the whole thing "in moral terms". In her column, Ms. Ream condemns the Lacrosse players because:
1) Three of them hired strippers.
2) Most drank alcohol at the party.
3) One of them made a raunchy joke about a broomstick, and
4) Another sent a tasteless joking Email.
The young men have been publicly introspective. David Evans said on 60 minutes that, in choosing to help host a party with strippers, he made a "terrible judgment"...
---------
Law Prof. Kathleen A. BerginFALSE ACCUSER/NIFONG ENABLER Redux
Kathleen A. Bergin, Assoc. Prof. Law, South Texas College of Law

Kathleen A. Bergin wrote an opinion in January 2007 for the Feminist Law Professors blog that the Duke lacrosse players were "Not Innocent."

She wrote:
[CNN's Howard] Kurtz’s pitiful attempt to demonize the victim in this case - and through her all Black women - obscures the significance of other facts conspicuously left out of CNN’s broadcast: (1) that team members called the two women “niggers” and “bitches”; (2) one threatened to rape them with a broomstick; (3) another spoke of hiring strippers in an e-mail sent the same night that threatened to kill “the bitches” and cut off their skin while he ejaculated in his “Duke-issued spandex;” and (4) one shouted to the victim as she left the team’s big house, “Hey bitch, thank your grandpa for my nice cotton shirt.” These facts are undisputed and highlight the sick and wretched depravity of this racialized episode. The parallels between present and past are simply too numerous to ignore in the perverted claim these pampered and privileged White elites laid to the body of a Black female sex-worker.
Bergin's fact number (2) is not true. Her facts (1) and (4) are one-sided and not an accurate description of what happened during the verbal altercation between Ms. Roberts and a few members of the lacrosse team.

Her fact (3) does not relate to the case in the way she would suggest. Any mention of "fact (3)" should include the backstory that the McFadyen email was part of an on going series of emails, and the one quoted was a bad parody of a character from the book American Psycho, which is required reading for many classes at Duke. The release of the email was used by Nifong to whip the public into a frenzy against the lacrosse team.

The NC Attorney General's investigation did not even consider fact (3), the McFadyen email, worth mentioning in the report of "Innocence" for the three indicted players. Bergin got her facts wrong.

For reference the AG's report, in part, said:
Sometime just before midnight, the two dancers entered the living room to begin their performance for the party attendees. While performing, the accusing witness appeared to be unsteady on her feet and fell to the ground. During the performance, there was sexual banter involving the use of sex toys between "Nikki" and some of the party attendees. This culminated in one of the attendees holding up a broomstick and suggesting its use as a sexual object for the dancers. "Nikki was angered by this comment and the performance abruptyly ended. After 12:04 a.m., the dancers left the room and retreated to the back of the house.

They were followed by David Evans, Dan Flannery, and possibly others who tried to assuage their feelings about the broomstick comment while pointing out that the party attendees had paid $800 for only a brief performance...

After the accusing witness was placed in "Nikki's" car, "Nikki" yelled a sexually and racially based comment at a group of party attendees standing across the street near the wall to East Campus at the university. One or more of the party responded with racial epithets. After this exchange, "Nikki" drove away with the accusing witness in her car. At approximately 12:53 a.m., "Nikki" called 911 to report that a group of white men were yelling racial comments at passersby outside of North Buchanan Boulevard...
Ms. Bergin's opinion piece concluded that:
"the evidence will ultimately stack against the “accuser” in favor of the accused and culpable or not, these boys will be exonerated. If brought to trial, my bet is they will be found “not guilty.” And yet, they are so far from “innocent.” Linda Martin Alcoff offers more insight into the importance of narratives surrounding the Duke case here.
Since her drive-by sliming of the Duke lacrosse team Ms. Bergin has apparently only commented to deny responsibility for re-posting her opinion at the AlterNet website on April 11, 2007.

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