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Friday, March 30, 2007

Duke/Nifong/Cooper+76 days Hoax

Updated - today's items:

"Faced with the choice between changing one's mind and proving that there is no need to do so, almost everyone gets busy on the proof" - John Kenneth Galbraith


LieStoppers blog mentioned in WTVD storyABC11 TV/WTVD:
No Decision In Duke Lacrosse Case (with video) — Special prosecutors have spent weeks pouring over documents and re-interviewing key witnesses. All that's left is a final decision and a public announcement. The big question is when?

Rumors are flying but Eyewitness News learned that as of Friday night, no announcement is planned for next week.

Instead, we're told special prosecutors will conduct more interviews at the attorney general's office...
discussion:
LieStoppers forum: LieStoppers on WTVD


Rachel MarsdenGlenn Sacks blog:
Did FOX News Commentator Rachel Marsden Make a False Accusation of Rape? — Salon.com has an interesting article by Rebecca Traister which presents evidence that FOX News commentator Rachel Marsden falsely accused a Canadian professor of rape, seriously damaging the man’s career and life.

According to Traister, Marsden had been very dismissive of the damage caused to the falsely accused Duke University lacrosse players, and perhaps had her own, personal reasons for it. Traister writes:

“Marsden [dismissed] possible repercussions for the woman who claimed she was raped by members of the Duke University lacrosse team a year ago. ‘Charges are laid, charges are dropped,’ said Marsden. ‘It happens all the time. Unless she can get charged with mischief and they can prove she lied, then no, [she shouldn’t be punished]. That’s the process and the process works.’ But, argued [FOX News commentator Gutfeld], ‘Don’t you think that being accused of rape is as bad as being raped? Those guys’ lives were ruined!’ Marsden bit back, ‘Let’s give it 10 years and see if their lives were ruined.’

“…in the Duke exchange, any viewer who knew anything about Marsden, whom Fox is clearly grooming for brand-name pundit stardom, might have felt a fleeting moment of sympathy for her. That’s because the 31-year-old columnist is already well known in her native Canada as an oft-accused and once-admitted stalker who made questionable rape charges of her own 10 years ago, in a case that eventually cut short the career of a university president and changed the tenor of harassment cases all over Canada. In 1999, a professor at the same university went to the police with charges Marsden was stalking him, and in 2004 she pleaded guilty to criminally harassing a former Vancouver radio host…
comment: After watching the cable network's "legal experts" mangle the Duke hoax nothing should be surprising about the quality of the "talent" that they put on-air. Grooming a stalker and false accuser for cable punditary makes perfect sense. Somewhere a cable producer is muttering: Murphy and Marsden, Marsden and Murphy, hell has no fury like a two bitch judge and jury.

Jeff L. Thigpen blog:
Dellinger for Durham DA [rumor du jour] -- (From NCSPIN) It is widely speculated that Mike Nifong, Durham’s embattled District Attorney who is charged with misconduct by the State Bar, will not survive and will resign as part of a negotiated settlement. We have heard that Hampton Dellinger, former legal counsel to Governor Easley and announced candidate for Lieutenant Governor, is being frequently mentioned as a replacement when Nifong resigns.

Would this mean he wouldn’t run for Lt. Governor?

letter by David Highlands (St. Petersburg, FL), Herald-Sun:
Just resign, Mike
I believe there comes in the lives of most people a life-defining moment, a moment so definitive that nothing they have done before or will do after will change their "legacy." District Attorney Mike Nifong's defining moment came when he chose to pursue a phantom rape case to further advance his career.

Nifong's position as district attorney is no longer tenable. He was forced to relinquish responsibility for prosecuting a high-profile case. The state bar is considering whether he should retain his certification. He has precipitated a potential constitutional crisis as the Legislature seeks to give the executive branch power to remove an elected member of the judiciary. He has lost the credibility of both his office and himself.

The only decent thing for Nifong to do is to fall on his sword. He needs to spare himself, his family and his community the distractions of his ignominy. You need to resign, Mike. It's the right thing to do.

KC Johnson:
The Accuser and Law Enforcement — As we move past the one-year anniversary of press coverage of the case, the Liestoppers forum has been running remembrance threads, reproducing articles from the Herald-Sun, N&O, and New York Times. In this early period, the most significant piece was the March 25 N&O article, in which reporter Samiha Khanna portrayed the accuser as a courageous exotic dancer, an unquestioned “victim” of a heinous, racially motivated crime.

How would that story have played with the police photograph of the accuser from March 16, 2006, two days after the alleged “attack,” showing that she had no facial bruising or swollen eyes, as her father and Sgt. Mark Gottlieb would repeatedly claim? I suspect that most N&O readers would have looked skeptically on the accuser’s recollection that “my father came to see me in the hospital. I knew if I didn't report it that he would have that hurt forever, knowing that someone hurt his baby and got away with it.”

They probably would have looked even more skeptically on this recollection had they known—as we know now—that no evidence exists of the father coming to visit the accuser in the hospital...

Deputy John Carroll [2002 police report of Crystal Gail Mangum's arrest] ...

Imagine any of the March 2006 articles with this material, coupled with a mention of the accuser’s ultimate sentence: two weekends in jail and probation. Such a seemingly mild sentence for the offenses in question might have led some people to ask whether Durham was Wonderland, and what kind of justice system the city really had.
comment: Officer Carroll's publically available arrest report plus Ms. Mangum's very light sentence would have been a couple of very big red flags hanging off the hoax bandwagon as it started rolling in March 2006. Too bad there were no main stream media reporters who had the motivation to look for this information.

discussion:
TalkLeft: More Info on the Taxi Caper

Alton Maddox Jr., BlackStarNews.com:
Obama; Wolf In Sheep's Clothing — Senator Barack Obama has joined right-wing forces in Congress in demanding a federal probe of Durham District Attorney Michael Nifong for allegedly withholding DNA evidence from the defense in the Duke lacrosse rape case.

It should be pointed out that none of the indicted, white students were ever in jeopardy of going to prison.

No white man, in 400 years, has ever gone to prison for raping a Black woman. Thus, the statistical probability of a conviction in the Duke rape case is zero. This is the same statistical probability for a white cop going to prison for murdering a Black person. Blacks refuse to recognize statistics and, on the other hand, see the criminal justice system as the Lotto.

Obviously, Obama has to claim that he never heard of the Central Park jogger case. Former Assistant District Attorney Linda Fairstein was the architect of sending, with impunity, five innocent Black boys to prison. There would have been a sixth victim if I had been permanently suspended from the practice of law in 1988 rather than in 1990...
comment: Tawana Brawley hoax vampire Alton Maddox pries open his coffin door to strike a blow for Mike Nifong.

Forum topics of note:
LieStoppers:
Investigation Update
What's going on at The N&O? - Titanic Deck Chair Re-Arrangement Drill

LieStoppers:
'Take Back The Night' Rally at Duke - Only 50 People Participate
TalkLeft:
Support for rape victims drops from 700 to less than 50

Michael Gaynor:
Duke Case: Reverse Racism at Work — It is noteworthy when a liberal Democrat like Senator Obama supports a conservative Republican like Congressman Jones, or vice versa. And all the Senator said was that an independent inquiry into the Duke case was needed! He did NOT speculate or predict how it should end. But, even that was too much for North Carolina journalist and television commentator Cash Michaels, who has been covering the Duke case for America's Black press.

Mr. Michaels, in an article entitled "Obama blasted for backing fed Duke case," relied on two Hoax hypers--North Carolina Central University Law Professor Irving Joyner, a black man, and the dark-haired wicked witch of the Hoax, Wendy Murphy, a white female--to discredit Senator Obama.

Mr. Michaels opened by suggesting that Senator Obama is, gasp, a politician: "Is presidential hopeful Sen. Barack Obama’s backing for a federal 'independent inquiry' into the Duke alleged sexual assault case a genuine concern that the civil rights of the defendants may have been violated or just simple political pandering to secure more broad-based support for his campaign?"

Amazingly, Mr. Michaels, who attacked the late Ed Bradley and "60 Minutes" for not being balanced in the Duke case expose broadcast on October 15, 2006 and applauds himself for being balanced, did not find a single "expert" supporting the Senator's statement. The key question is whether there is good cause for "genuine concern that the civil rights of the defendants may have been violated." These days it's obvious that there is...


One Year Ago:

Benjamin Niolet, Anne Blythe & Jane Stancill, News & Observer:
Lacrosse players' lawyers object — Defense lawyers representing members of the Duke University men's lacrosse team say prosecutors are trying to convict their clients in public in a rape investigation before any charges have been filed...

Sarah Kwak & Emily Rotberg, Duke Chronicle:
Police search dorm in rape investigation — Second dancer speaks to DPD — District Attorney Mike Nifong and the Durham Police Department provided details Wednesday that paint a fuller picture of the investigation surrounding the alleged rape involving members of the Duke men's lacrosse team...

Steve Veres, Duke Chronicle:
Students march, speak out against sexual assault — Brodhead meets with community to address concerns about alleged rape — With buzz surrounding the alleged gang rape continuing across campus, President Richard Brodhead started reaching out to a variety of concerned groups Wednesday.

Editorial, Duke Chronicle:
White, black-or Duke blue? — At Tuesday's press conference and in statements released since, the University did a fine job of three things: reiterating that the lacrosse team has not yet been charged, let alone proven guilty, condemning the racial slurs allegedly bandied about March 14 and attempting to repair damage to town-gown relations.

The same praise goes to the captains of the lacrosse team, President Brodhead and Athletic Director Joe Alleva for choosing to suspend play. It would have been impossible for the team to continue its competitive season-not just because of the presumed depletion of team morale. The onslaught of media attention and frequent cropping up of protesters would have made a fair game impossible...

Thursday, March 29, 2007

Duke/Nifong/Cooper+75 days Hoax

Updated - today's items:

Andrew Beach, Duke Chronicle:
Politicians urge broader investigation of Nifong -- Sen. Barack Obama, D-Ill., said recently he endorses a federal investigation of Nifong, which several other politicians, including Rep. Walter Jones, R-N.C., have already requested.

Duke Law Professor Thomas Metzloff, said, however, it is probably rash to call for a national investigation at this point in the Bar's proceedings.

"The question of whether or not we should have an investigation by the U.S. Attorney's office, I think, is a bit premature at this point," Metzloff said. He added that it is important for the State Bar to hear both sides of the case before a decision is made and further investigation requested...

Metzloff said, however, that politicians do play an important role in representing their constituents and commenting on aspects of the justice system.

"That's their job, and I don't think it's inappropriate for politicians to ask these kinds of questions at all," Metzloff said...



LieStoppers:
March 28, 2006 -- One year ago yesterday, March 28, 2006, the Hoax kicked into high gear, galvanized by multiple deceptions put forth by Durham County District Attorney Mike Nifong and the Durham Police Department. These deceptions were soon seconded and widely disseminated by local and national media. Looking back twelve months later, it seems important to again note how significant this day was in the history of the Hoax. What occurred that day was fueled by deceit from individuals holding positions of public trust and propelled by a media believed to be serving as watchdogs, who abandoned their journalistic responsibility in favor of a marketable story.

The deceptions of March 28, 2006, inflamed the community, while providing temporary cover for the absence of DNA and other evidence. The multiple misrepresentations from the day Nifong sold his soul included: the release of the 911 tapes (under the false pretext that the identity of the caller was unknown and was someone in addition to the two dancers who attended the lacrosse party), the start of Durham Police Corporal David Addison’s “horrific” CrimeStoppers e-mail newsgroup fiesta, the creation and distribution of the civil-suit-inviting Durham Police Department Wanted flyer, the start of the “DNA is a junk science” campaign (in apparent response to that day’s SBI testing, which failed to reveal the presence of any semen, blood, or saliva in the rape kit), and the continuation of the Wall of Silence Hoax begun by Hoax Spokesman David Addison the previous weekend...


KC Johnson:
Remembering the Good, I -- In the aftermath of DIW’s version of March Madness (the worst of op-eds; Duke faculty publications; “news” articles; and soundbites), I had a request to remember the best work of the case. Today focuses on the media outside of the Duke campus; tomorrow’s post will look at the best from the campus along with the best from the political realm. In this category, one figure is of towering significance: Jim Coleman. In a June letter to the N&O, the Duke law professor became the first prominent figure to demand Mike Nifong’s recusal...


Cash Michaels, Amsterdam News:
Obama blasted for backing fed Duke case -- Is presidential hopeful Sen. Barack Obama�s backing for a federal "independent inquiry" into the Duke alleged sexual assault case a genuine concern that the civil rights of the defendants may have been violated or just simple political pandering to secure more broad-based support for his campaign?

At least one legal expert has chastised the Black Illinois Democrat, saying, "Having a federal civil rights investigation [in this case] is such a joke."

Another legal scholar added that Obama's statement "doesn't mean much" if he's "stating a position without a valid examination." ...

"I heard about the statement by Obama," said North Carolina Central University School of Law Professor Irving Joyner. "I don't think that it means much within the scope of things other than his stating a position without a valid examination."

Attorney Wendy Murphy, a former sex crimes prosecutor and currently an adjunct law professor at the New England School of Law, stated, "Barack Obama's support for a federal inquiry makes me wonder whether he understands these difficult issues. It doesn't appear that he does, and I'm very concerned that he doesn't seem to care one whit about the treatment of the victim, the violation of her civil rights or maybe most important of all, that this case is being described as a 'fraud,' etc. by lawyers & officers of the court who are ethically obligated not to lie or mislead the public."

Atty. Murphy continued, "At a minimum, Obama should call for a full disclosure of all the facts before anyone passes judgment on this case."
discussion:
LieStoppers forum: Cash questions Obama's statement, He brings back Wendy Murphy

KC Johnson: Legal "Experts" on Obama -- This morning’s Amsterdam News—last heard from on the case, somewhat appropriately, through an op-ed from the disbarred Alton Maddox, one of Tawana Brawley’s former attorneys— features an article citing legal “experts” attacking Illinois senator Barack Obama for urging a Justice Department inquiry into Mike Nifong’s misconduct.

Who are these legal “experts”? None other than the Duke case’s Dynamic Duo—NAACP case monitor Irving Joyner and adjunct Wendy Murphy.

TalkLeft:
Cash Michaels: Obama Blasted for Backing Independent Review

comment: The 'Trash man' is at it again. Obama is "blasted" by two anonymous Cash Michaels' sources and two serial hoax enablers: Joyner & Murphy. Or are the anonymous legal experts cited in the beginning also Joyner and Murphy? Piddle plus piddle equals piddle. And can someone please show the Amsterdam News how to publish a web page. They crap it up every time, but what do you expect.


John Stevenson, Herald-Sun:
Durham assistant DA to lead state panel -- Durham Assistant District Attorney Kendra Montgomery-Blinn next month will become the first executive director of North Carolina's new Innocence Inquiry Commission, which reportedly is the first agency of its kind in the country and is intended to protect innocent people from languishing behind bars.

The Legislature established the Raleigh-based commission last year to investigate claims of actual innocence by inmates convicted of crimes.

Lawmakers believed it was needed because of defendants like Alan Gell, who spent more than seven years on death row for a murder in which he later was exonerated...

Montgomery-Blinn said Wednesday she was excited about her new position, but also sad to leave her current job. She added that she has "great respect" for District Attorney Mike Nifong and was "absolutely not" departing because of turmoil surrounding the Duke lacrosse sex-offense case...

Rebecca Traister, Salon.com:
Fox's Ann Coulter 2.0 -- Her colleagues may have been momentarily tortured by [Rachel] Marsden's loose tongue, but whether they knew it or not, they had been sticking it to her just the night before, when they brought up the Duke rape case. Gutfeld had asked what should happen to the accuser if all charges are finally dropped, and Marsden had jumped in with unusual speed, pooh-poohing possible repercussions for the woman who claimed she was raped by members of the Duke University lacrosse team a year ago. "Charges are laid, charges are dropped," said Marsden. "It happens all the time. Unless she can get charged with mischief and they can prove she lied, then no, [she shouldn't be punished]. That's the process and the process works." But, argued Gutfeld, "Don't you think that being accused of rape is as bad as being raped? Those guys' lives were ruined!" Marsden bit back, "Let's give it 10 years and see if their lives were ruined."

Roy Cooper the Pandering Politician

Roy Cooper is mooning the justice system


Wednesday, March 28, 2007

Duke/Nifong/Cooper+74 days Hoax

Updated - today's items:

Forum topics of note:

LieStoppers: REALITY TIME -- THE STRAIGHT DOPE ON THE FARCE, This Case Must Be Dismissed By Next Week

LieStoppers: Why Nifong was downplaying DNA in March, Before the results were in? -- This is not a case of an overzealous prosecutor. This is the case of a criminal conspiracy that was hatched by Nifong, the Durham police, and Linwood Wilson to frame the lacrosse players...

LieStoppers: When might SP make an annoucement?
TalkLeft: Mistake in Defense Strategy?
TalkLeft: Who is wrong, Bill Anderson or Ed Bradley?

Jeff Barker, Baltimore-Sun:
Optimism creeps in for Duke parents -- Families of accused hope charges to be dismissed soon -- For Duke University men's lacrosse parents, this season's games are a little less meaningful, the tailgates a little more somber.

With three former players still accused of sexual assault, there are more solemn concerns than winning games. "Let's have those three boys get exonerated. That's the only win that really matters," said Patricia Dowd of Northport, N.Y., whose son, Kyle, played for Duke last year but is not among the players charged.

A year after charges were filed, Duke parents are cautiously allowing themselves to believe they will soon get their wish. With the North Carolina attorney general's office about to complete its investigation, parents say they have reason to expect that charges against Bethesda's David Evans and former teammates Collin Finnerty and Reade Seligmann will be dropped by prosecutors within the next few weeks. "That's what we've been hearing," said Sally Fogarty of Chevy Chase, whose son, Gibbs, is a sophomore Duke player...
discussion:
LieStoppers forum: Duke Lacrosse Moms and Dads, Evans and Others at Georgetown Game
---------
Bart Jones, Newsday:
Accused Duke lacrosse player lands at Chaminade -- Collin Finnerty, one of three former lacrosse players accused in the Duke University sex assault case, has a new part-time endeavor -- he's an assistant coach of the Chaminade High School varsity lacrosse team.

Finnerty started the volunteer job at his alma mater a few weeks ago after receiving an invitation from the head coach, said his father, Kevin Finnerty. The season officially began Tuesday with a win.

"Quite honestly, he enjoys it," said Kevin Finnerty, of Garden City. "He's definitely connected to the school. I think the kids look up to him." ...

discussion:
TalkLeft: Finnerty Coaching at Chaminade
---------
William L. Anderson:
Michael B. Nifong and the Lies of the State -- According to the pundits, the time is coming that prosecutors finally drop the remaining charges of the Duke Non-Rape, Non-Kidnapping, and Non-Sexual assault case. Perhaps that is the case, but three young men, Reade Seligmann, Collin Finnerty, and David Evans, have lived with these false charges for 11 months, so the question really should not be "When will the charges be dropped?" Instead, it should be, "Why were they filed in the first place?"

While attending the Austrian Scholars Conference a couple of weeks ago, I found myself holding a number of impromptu sessions with people interested in the case. During one session, a woman asked me if there was not a possibility that the three men really were guilty. My answer to her did not seem to convince her, as she seemed to be of the belief that if one is charged by the state, such action automatically confers guilt...

Mike Nifong a/k/a Durham Strangler - strangles truth to deathOne also would think that police and prosecutors, when confronted by the March 16 picture of Mangum, would stop alleging that she had been beaten and strangled. Yet, all of the statements made by Nifong and the police came after March 16. The picture to the right is one of Nifong demonstrating to an MSNBC television audience on March 30, 2006, how the young men "strangled" Mangum.

Please do not take my words that these things are bogus. The following comes from Kathleen Eckelt, who has been examining rape victims as an expert nurse investigator for more than two decades.
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...
Yet, not only did they [Nifong/Durham police] hide evidence, something that came to light at the "tipping point" hearing on December 15, 2006, but they also faked evidence in their reports, claiming that Mangum had injuries that clearly she did not have. Because police reports are considered evidence in the investigation of a crime, we have a number of instances in which police wrote false statements in their reports, which is no different than "planting evidence" at the scene of the crime.

We are dealing with people who apparently were willing to stop at nothing to frame three young men of a "crime" that never happened. Today, the special prosecutors, James Coman and Mary Winstead, and their boss, Roy Cooper, still continue the fiction that Crystal Gail Mangum was "kidnapped" and "sexually assaulted."...
related:
Liestoppers [see comments]: Nifong Explains The Chokehold

discussion:
LieStoppers forum: Michael B. Nifong and the Lies of the State
-------
Nate Freeman, Duke Chronicle:
Reps: CCI lacked undergrad input -- Several students who were involved in the creation of the Campus Culture Initiative said this week they were disappointed by the lack of student input integrated into the final report. According to the CCI report, Steering Committee members met with 20 student groups between Aug. 30 and Dec. 7.

Leaders of some student organizations and student members of the CCI committee said, however, that the handling of these meetings restricted student input from reaching the report, which was released Feb. 27.

CCI committee members communicated with students through other efforts-such as a town hall meeting Oct. 25 and various one-on-one communications-but some student leaders said the committee failed to reach out to the organizations that could be directly affected by the report's proposed recommendations...
--------
KC Johnson:
The Times' Party Line? -- Basic human decency—if not a desire to uphold journalistic integrity—would suggest that a news division with such a record would issue some sort of mea culpa, an admission that the Times got the story horribly wrong. Yet, incredibly, [Duff] Wilson remains on the story. Just like [Selena] Roberts, then, he’s in a position to end the case by maintaining the Times party line while also minimizing his earlier journalistic failures.

It’s na├»ve, I suppose, to expect a paper that has been so unfair in its coverage to date would change its approach now. Given what we saw Sunday from Roberts, Times readers should dread what we will see from Wilson if and when charges are dismissed.
--------
John in Carolina:
Sheehan's opportunity -- A year ago today Raleigh News & Observer news columnist Ruth Sheehan wrote a column (“Team’s Silence is Sickening”) attacking 46 Duke students for doing nothing more than following the advice of their parents and attorneys. Even worse, Sheehan told N&O readers the players were guilty of terrible crimes...

She should apologize to the students, their families, Coach Pressler and his wife and young children. An apology is also owed her readers.

If Sheehan does all of that, she will have made a major contribution to correcting some of the wrongs that have been committed against so many innocent people, most especially David Evans, Collin Finnerty and Reade Seligmann.

She will have done what she often tells readers she wants her three young sons to do: the right thing.
--------
Michael Gaynor:
Duke case: Congratulations, Senator Obama -- Recently, Senator Obama quietly, but clearly, supported the calls for a federal investigation of possible violation of the constitutional rights of the Duke Three (Reade Seligmann, Collin Finnety and David Evans). Not quite a Sister Souljah moment, but a step in that direction.

Like another former president of the Harvard Law Review (Susan Estrich), it took plenty of time (but not as much as it took Ms. Estrich) for Senator Obama to publicly question the propriety of the prosecution in the Duke case. But it appears that Senator Obama is the first presidential hopeful to do so (certainly the first with a noteworthy showing in the polls).

A federal investigation into the handling of the Duke case should have been commenced long ago....
related:
John Stevenson, Herald-Sun The Organ:
Obama backs federal probe of Nifong -- U.S. Senator and presidential candidate Barack Obama this month endorsed the concept of a federal inquiry into District Attorney Mike Nifong's handling of the Duke lacrosse sex offense case, and he continues to monitor other proceedings against Nifong, his office said Monday.

In a March 5 letter to a constituent, Obama, a first-term Senate Democrat, said an independent federal inquiry "is needed, and I will be following its progress closely." A copy of the letter was provided to The Herald-Sun Monday by Obama's Washington office. It was written roughly three weeks after the Illinois senator announced a bid for the Democratic presidential nomination.

The contents of the private letter were first revealed by ABC News on Sunday.

However, there have been no media reports that Obama ever publicly called for a federal probe into Nifong's conduct. The senator's press secretary, Ben LaBolt, declined Monday to field questions about whether political grandstanding might have caused the letter's appearance in a national media report two days ago...
comment: More journalistic jackassery by Stevenson. The Obama letter was first revealed by LieStoppers.
--------
Patrick Kelley, Pagan Temple blog:
The Politics Of Silence -- Barak Obama recently responded to a question about the North Carolina, Duke University, LaCrosse team rape case charges by asserting that Mike Nifong, the prosecutor of the case, should be investigated for a variety of alleged offenses, notably the purposeful withholding of potentially exculpatory evidence in the case. Obama said this in response to a question from the forums of Liestoppers, who have a blog which I have now placed on the blogroll. You can access the forums from the blog.

My question is, where the hell is John Edwards in this? He of all presidential candidates, democrat or republican, should be especially interested in the case developments as, after all, he is from North Carolina. I linked to his web-site and to his issues page here, which is amusingly short-half a screen of blank page...

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.

discussion:
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...
discussion:
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?
related:
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...
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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...
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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.
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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...
related:
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.
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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...
related:
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...
related:
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.

Monday, March 26, 2007

Duke/Nifong/Cooper+72 days Hoax

Updated - today's items:

Lara Setrakian, ABC News Law & Justice Unit:
Obama: Investigate Duke Lacrosse DA Nifong -- Presidential Hopeful Says an 'Independent Inquiry Is Needed' into Durham, N.C., District Attorney Mike Nifong's Conduct - Another voice has joined the call for a federal investigation into the handling of the Duke Lacrosse case -- this one with the punch of presidential politics. -- Sen. Barack Obama, D-Ill., in a written response to a constituent, said that an "independent inquiry is needed" into the conduct of Durham District Attorney Mike Nifong.

Nifong prosecuted and led the investigation into the alleged sexual assault of an exotic dancer at a lacrosse team party in March 2006.

Obama cited the fact that Rep. Walter Jones, R-N.C., has already asked Attorney General Alberto Gonzales for a federal investigation into Nifong's conduct. ABC News has learned that similar requests have been made by Rep. Trent Franks, R-Ariz., and Rep. Tom Feeney, R-Fla.

According to Obama's letter, Jones asked Gonzales to "review new evidence that Mr. Nifong withheld exculpatory DNA results from the defendants in order to determine if his conduct has illegally denied the students their civil rights as U.S. citizens under federal law."

Obama said of the call for a federal investigation that he "will be following its progress closely."...

Obama's comments were first posted on "Liestoppers," an online blog and forum on the Duke Lacrosse case. The user who posted them, known on that forum by the alias "sceptical," was the constituent who corresponded with Obama about the case....

discussion:
Liestoppers forum: Our SCEPTICAL covered by ABC NEWS!!!, Liestoppers too!!
FreeRepublic: Obama: Investigate DA Nifong

KC Johnson: Obama and the DOJ
John in Carolina: Will the Feds come to Durham?
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Stephen Miller, Duke Chronicle:
The crawl of justice -- We are told that, very soon, the charges against the lacrosse players are likely to be dropped. This long overdue reversal is not surprising-it's hard to conceive that any person with even a modicum of objectivity could fail to realize the charges are false.

This year-long persecution has been a dark exhibition of some of the worst tendencies in humans and the end of the criminal case is a cause for rejoicing. But the end of the criminal case is only the beginning of the search for justice. Now is the time to go after the real culprits and to make them answer for their crimes...

At the top of that list is Mike Nifong, Durham's chief prosecutor...Duke University also needs a new president...Lastly, our professors need to answer for their actions...
----------

Clay Waters, NewsBusters.org:
NY Times Sports Columnist Slurs Innocent Duke Lacrosse Players, Again -- When it comes to slurring innocent Duke lacrosse players, New York Times sports columnist Selena Roberts is apparently angling to become the Amanda Marcotte of the New York Times. Even after the three lacrosse players have been all but formally cleared of the sexual assault of a stripper (in a case brought forward by a zealous local prosecutor Mike Nifong, to go on trial himself for ethics violations in his handling of the case), Roberts apparently thinks it was worth it in her Sunday column, "Closing a Case Will Not Mean Closure at Duke." ...
---------
Benjamin Niolet & Joseph Neff, News & Observer:
Noted lawyer J. Kirk Osborn dies -- Durham District Attorney Mike Nifong assured the public that a rape had occurred and that the accuser could identify her attackers. It was a packet of pages Osborn and Conner filed that helped turn the tide...

Tania Osborn said that her husband, a three-year letterman on the University of Colorado football team, exercised every morning at 4:30 a.m. He was used to big cases, and she didn't think the heart attack was related to the stress of the lacrosse case.

"His work was a joy to him," she said. "He was a passionate champion of anyone in a legal tangle."Osborn is survived by his wife and two daughters.
related:
LieStoppers blog: Number 64
LieStoppers forum: Kirk Osborn in his own words
---------
KC Johnson:
Men of the Cloth -- That figures of the cloth have been associated with prosecutorial misconduct and the passions of the mob is one of this case’s many ironies. Rev. William Barber presides over the state NAACP, which posted an inaccuracy-laden “memorandum of law” on the case. The four-term former head of the Durham NAACP, Rev. Curtis Gatewood, contended that North Carolina Bar aided “the lynching mobs in Durham who have verbally lynched and sought to politically assassinate DA Mike Nifong,” and described the ethics charges against Nifong as part of a “conspiracy to disrupt justice in this Durham case.” At the April 11 NCCU forum, Pastor John Bennett proclaimed that he would lead a protest outside 610 N. Buchanan every week until the suspects were not only arrested but led away in handcuffs. A week later, Nifong obliged...

One lacrosse parent who attended the service approached Fr. [Joseph] Vetter [Duke’s Catholic chaplain] afterwards, reminded him of the presumption of innocence, and said that part of the priest’s job was to minister to Catholic players on the team.

Vetter’s response? “Tell them to confess their sins first.”
discussion:
LieStoppers forum: Men of the cloth
--------
John in Carolina:
Introduction to a fraud -- March 25, 2007 is the first anniversary of the false, inflammatory and deliberately malicious story The Raleigh News & Observer headlined across five columns on page one above the fold: Dancer gives details of ordeal ....
----------
Matthew Iles, Duke Chronicle:
Defense leads Duke past pesky Hoyas -- After dropping its second game of the season to No. 1 Cornell Tuesday, No. 5 Duke (6-2) produced enough offense to erase a two-goal halftime deficit for a 6-4 victory over No. 7 Georgetown (4-2) Saturday...

GoDuke.com:
Defense Lifts No. 5 Blue Devils Past No. 7 Georgetown, 6-4 -- Goalkeeper Dan Loftus registered a season-high 19 saves and the Duke defense limited Georgetown to just one goal in the second half as the fifth-ranked Blue Devils earned a 6-4 victory over the seventh-ranked Hoyas on Saturday afternoon in front of 3,246 fans in Washington, D.C. ...
related:
Mike Keegan, InsideLacrosse.com:
In-Game Blog: Duke at Georgetown

Sunday, March 25, 2007

Duke/Nifong/Cooper+71 days Hoax — Kirk Osborn

Updated - today's items:

J. Kirk Osborn (r) and Mike Nifong (l)Benjamin Niolet & Joseph Neff, News & Observer:
Early defender of Duke lacrosse players dies — Kirk Osborn, a prominent Chapel Hill lawyer who was an early outspoken defender of the Duke University lacrosse players, died this morning of a heart attack, his wife said today.

Osborn suffered a massive heart attack on Friday, said Tania Osborn, his wife. He died at 12:47 a.m. today....

Most recently, Osborn was an attorney for Reade Seligmann, 21, who with two other lacrosse players are charged with sexually assaulting an escort service dancer hired to perform for a Duke lacrosse team party in March. Osborn was aggressive early with his defense. He filed a motion seeking to have Durham District Attorney Mike Nifong removed from the case, accusing the prosecutor of going after the lacrosse players to win votes.

Osborn's court filings announced to the world that despite Nifong's assurances that a rape occurred, Seligmann had phone records, receipts, security camera images and a cab driver that would show he was almost a mile away when the woman said he was participating in her rape.

Seligmann's alibi, which Nifong protested proved nothing, helped convince many that the allegations against Seligmann, Dave Evans, 23, and Collin Finnerty, 20, were untrue....

KC Johnson:
Kirk Osborn — The Seligmann family released the following statement:
We are heartbroken over the death of Kirk Osborn... We will be forever grateful to Kirk and will never forget what he has done for us.

Michael Gaynor:
Duke case: You won, Kirk Osborn — 'Virtue is bold, and goodness never fearful.'

AP/MSNBC: Lead Duke lacrosse defense attorney dies

discussion:

LieStoppers forum: Kirk Osborn Dies of Heart Attack
FreeRepublic: Kirk Osborn
TalkLeft: Sad news concerning Kirk Osborn

related:
TJN: The Defense Team

comment: Kirk Osborn's publication of the defense motions on his website at KirkOsborn.com is what allowed the public to look inside the Duke case and witness this injustice firsthand as it was being perpetrated by Mike Nifong and company.
----------
Adam Hochberg, NPR.org:
Duke University Calls for an Attitude Adjustment — Even before the lacrosse team put Duke in the national spotlight, the school had something of a reputation for an untamed party scene. There's a cliche on campus that Duke students "work hard and play hard," attending rigorous classes by day, but spending nights and weekends obsessed with sports and parties.

In reality, it's debatable whether Duke's parties are wilder than those at other colleges, and it's clear that not all students attend them. Still, the reputation worries campus leaders — especially after the lacrosse party, where students drank, hired strippers, and, according to Duke officials, used racial slurs...

Released last month, the committee's report is drawing a mixed response. On a campus that's grown weary of what's referred to here as "the lacrosse incident," many people are skeptical about the proposed changes.
Comment: "A lie repeated a hundred times becomes the truth." - Chairman Mao
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Dennis Draughon - Nifong's Bar TabDennis Draughon, EditorialCartoonists.com:
Nifong's Bar Tab







----------
KC Johnson:
Sunday Roundup — Barack Obama, "Nifong Bill," shoddy journalism by NY Times, Selena Roberts lies, special prosecutors, ...
---------
LieStoppers:
Obama Supports Call For Federal Nifong Inquiry — In response to a letter from an industrious Blog Hooligan, Senator Barack Obama, a candidate for the Democratic Presidential nomination, has indicated that he supports the call for a US Department of Justice inquiry into allegations of civil rights violations committed by Durham County District Attorney Mike Nifong in his persecution of the three innocent victims of his hijacked Hoax.

Senator Obama said:
Rep. Jones asked the Attorney General to review new evidence that Mr. Nifong withehld exculpatory DNA results from the defendants in order to determine if his conduct has illegally denied the students their civil rights as U.S. citizens under federal law. This independent inquiry is needed, and I will be following its progress closely."
discussion:
LieStoppers forum: Obama Supports Jones' Call For DOJ Probe, "Independent Inquiry is Needed": Letter
-----------
Craig, Lead & Gold blog:
Duke lacrosse: Bigots with big vocabularies — From the very beginning of the case there were those who tried to use the events in Durham in the same way that racist websites use crimes committed by minorities. Both use sensational headlines to drive home their ideological point...

At Duke, a criminal investigation became the launching pad for hundreds of sociological animadversions...

Selena Roberts just does not know when to fold. She helps make my point with her latest pathetic and hateful column on the Duke case...
---------
Selena Roberts, New York Times/SanDiego.com:
Lacrosse dismissal won't mean all is forgotten — What happens if all charges are sacked? There is a tendency to conflate the alleged crime at the Duke lacrosse team kegger on March 13, 2006, with the irrefutable culture of misogyny, racial animus and athlete entitlement that went unrestrained that night.

Some readers argue no one would have known about the lacrosse team's misogyny bash last year if not for the initial rape charges by the hired dancer.

True, but that's how we often discover what goes on behind the curtains: by a botched break-in, through a door left ajar...
LieStoppers forum comment: Selena Roberts demonstrates that she is an agenda-driven fool....Not a word about an attempt to frame three innocent young men for a crime that Nifong knew had never occcurred. Despicable.
----------
Roger Fraley, XDA blog:
Still Reason for Hope — most lawyers could review even the most complicated of cases in a few weeks, so one wonders what the hold up is. Good prosecutors, which group apparently does not include Mike Nifong, have a duty when the case goes as seriously south as this one has, to dismiss the charges as soon as possible. The stink of this dog of a case seems to be spreading past Duke U. and the Durham police and the district attorney's office into the soul of the North Carolina justice system. That's not so good.
----------
John in Carolina:
Re: KC Johnson’s “More CrimeStoppers” (Part 1) —? The problem with what Addison, and now, according to Russ, DPD did with the production and distribution of the CS “Wanted” poster has little or nothing to do with overzealousness.

It has to do with the false claim an “horrific crime” had been committed at the Duke lacrosse March 13 party when the evidence DPD had a the time overwhelmingly indicated it hadn't. It has to do with claims innocent citizens were libeled...
---------
Michael Gaynor:
Duke case: Diana doesn't get it — I have asserted that the Duke case is a Democrat scandal, because it is, and that you don't have to be conservative to appreciate that members of the 2005-2006 Duke University Men's Lacrosse Team were persecuted by the prosecution and the media, but it helps.

I have given full credit to liberals like MSNBC's Dan Abrams, lifelong Democrats like Brooklyn College History Professor (and Obama supporter) Robert K.C. Johnson and independent centrist (and Obama supporter) Stuart Taylor, Jr. for following the facts in the Duke case, and criticized the Bush Justice Department under Attorney General Alberto Gonzales for not investigating the deprivation of the due process and equal protection rights of... — Reade Seligmann, Collin Finnerty and David Evans...
----------
Joshua, The Only Winning Move blog:
The Dog Ate My Legal Obligations — the best reading I've done all day. It's the North Carolina State Bar's rejection of Mike Nifong's motion to dismiss the ethics charges filed against him by the Bar...Beautiful! Nifong may well be going to jail over this - and I, for one, sincerely hope he does.

Saturday, March 24, 2007

Duke/Nifong/Cooper+70 days Hoax — The Hoax Busting Photo

Updated - today's items:

Cyrtal Gail Mangum - 3/16/06 photo left; yearbook photo right

Duke accuser, Crystal Gail Mangum (age - 27 years, 8 months), Mar. 16, 2006 police photo (left) and high school yearbook photo (right)

Crystal Gail Mangum photo taken on March 16, 2006 by Officer R.A. ReidKC Johnson:
A Thousand Words —— On several other occasions, [the father, Travis] Mangum has made such a claim, always mentioning the swollen eyes. Nor is he the only case-related figure to suggest that the accuser had readily detectable physical injuries.

On March 16, when Sgt. Mark Gottlieb'’s team conducted their first interview with the accuser, Officer R.A. Reid photographed the accuser. In his "“straight-from-memory" report, Gottlieb wrote that "“Reid stated [the accuser] had the onset of new bruises present."

[right] is a photograph of the accuser taken by Reid on March 16.

As is readily apparent, the accuser had no bruises. Nor did she have any evidence of swollen eyes. It would seem, in short, that both Gottlieb and Mangum did not tell the truth.
discussion:
LieStoppers forum: Officer Reid photo Mar 16 - no bruises
FreeRepublic Crystal Mangum's pic from 3/16/06
TalkLeft: March 16th photo of Precious...

comment: What an incredibly important picture and hoax busting story by Prof. KC Johnson. Mike Nifong, the Durham Police Department, the false accuser: Crystal Gail Mangum, and her father are all co-conspirators in a hoax of utterly "fantastic lies." NC Attorney General Roy Cooper must stop this legal insanity now. End the injustice immediately and prosecute the real criminals: Nifong, Gottlieb, Mangum et al.

update: This picture also shows that there are no marks or indications on Mangum's neck that she was strangled. That is another one of the many fantastic lies this woman has told.

Bill Anderson is right. He said this photo "gives us a million words." The more anyone looks at this photo the more outraged they should become at the state of North Carolina and the city of Durham for allowing this criminal conspiracy to continue for over a year.
related:
LieStoppers:
The Great Unraveler Strikes Again — Professor Johnson’s publication of the police photograph further puts to rest malicious misrepresentations put forth by ESPN, The New York Times, Sgt. Mark Gottlieb, Nancy Grace, Travis Mangum, the Snooze Room, and others.

Joe Neff, News & Observer:
Cop says nurse found trauma in Duke case [Aug. 27, 2006] — According to Gottlieb's typed account of the interview, the woman was in great pain and became emotional: "Tears ran down her face freely and her nose began to run." Gottlieb noted that "the victim stated she had bruising that was beginning to show up from the assault," 60 hours after the party. He ordered Investigator R.A. Reid to take photographs, and noted that "Reid stated she had the onset of new bruises present."

Reid's typed report makes no mention of bruises, only a cut heel, a cut toe and bandages on both knees. Reid's photographs of the accuser's face and neck show no bruises...
comment: Joe Neff of the News & Observer reported on this picture showing "the accuser's face and neck show no bruises," back in August 2006. Seeing it makes a big difference. Too bad the News & Observer didn't have the cojones to publish the picture seven months ago. It may have helped end this injustice sooner rather than later.
Crytal Gail Mangum, March 16, 2006 police photo. Enlarged, slightly enhanced (brightness, contast) version of photo via LieStoppers forum.

Crystal Gail Mangum - police photo Mar. 16, 2006 - enlarged/enhanced

Friday, March 23, 2007

Duke/Nifong/Cooper+69 days Hoax

Updated - today's items:

WRAL:
New Prosecution Approaches Lacrosse Case Differently — Special prosecutors with the North Carolina Attorney General's Office have taken many steps in the Duke lacrosse sexual assault investigation that Durham County District Attorney Mike Nifong never did in his nine-month handling of the case.

They have poured over the evidence -- nearly 6,000 pages of documents and dozens of interviews -- for two months now. And unlike Nifong and defense attorneys associated with case, James Coman and Mary Winstead have not spoken to the media, but have chosen to meet privately with defense attorneys.

When a decision on whether to proceed with the case will come is not publicly known, but some family members of the accused -- David Evans, Reade Seligmann and Collin Finnerty -- have told other media outlets they believe a decision could come sometime next week...

discussion:
LieStoppers forum: New Prosecution...
-----------
Megyn Kelly & Liza Porteus, Fox News:
Attorney General: No Decisions Yet Whether to Drop Duke Lacrosse Sex Assault Charges — Noelle Talley, a spokeswoman for Attorney General Roy Cooper, told FOX News that there are no plans to make any announcement on the case this week. But the announcement could come at any time, she said, and is at the discretion of the attorney general and the special prosecutors who took over the case from Durham District Attorney Mike Nifong...

"Our review of the case, including reviewing documents and conducting interviews, is continuing," Talley said. "[A] decision hasn't been made. ... We expect our review of the case to wrap up within the next few weeks and ... no announcements about the case by our office have been scheduled."

Meanwhile, the family of the woman accusing the players of sexual assault told FOX News that the accuser has been called to the special prosecutor's office. The accuser "just wants this to be over," family members said ....
related:
legal analyst Paul CaulfieldPaul Caulfield, Inside Lacrosse:
Breaking News? No surprise hereI said yesterday on the FOX News Channel program American Morning that the remaining charges in the Duke lacrosse case would be dropped “in the coming days.” ...

But an interesting phenomenon occurred yesterday due in part to my appearance with FOX’s Megyn Kelly and Bill Hemmer. I said that the criminal charges against David Evans, Colin Finnerty and Reade Seligmann were going to be dismissed “in the coming days.” But within the hour, FOX began a frenzied news cycle by broadcasting, slightly inaccurately, that I had information that charges would be dropped Friday...
----------
Gregory Beaton, Duke Chronicle:
Lax father: Charges to be dropped — The remaining charges against three former Duke men's lacrosse players are likely to be dropped soon, but there is no set date for such an announcement, parents of the indicted players said Thursday.

Citing information from Inside Lacrosse Magazine writer Paul Caulfield, Foxnews.com first reported Thursday morning that the sexual assault and kidnapping charges against Dave Evans, Collin Finnerty and Reade Seligmann would be dropped within "the next few days." Parents of the indicted players confirmed to The Chronicle the case was nearing its end but said it was not yet clear when it would formally happen.

"We don't exactly know what the day is," said Philip Seligmann, father of Reade. "All I can say as far as [the families] are concerned is it can't be soon enough. We've been waiting for that day for almost a year now." ...
discussion:
TalkLeft: Lax father: Charges to be dropped

[rumor du jour]
Durham Deep-throat (Kemp) - Well, here I sit in the Washington Duke, camera in hand waiting for the announcement. Guess I'll miss it. Tuesday is my guess. Monday they'll rehearse it.
----------
Jerry Seper, Washington Times:
Interview ordered in Duke rape case — The woman whose rape accusations led to charges against three Duke University lacrosse players was ordered yesterday to answer questions by special prosecutors for North Carolina Attorney General Roy Cooper, fueling speculation that the investigation may be wrapping up.

But Noelle Talley, spokeswoman for Mr. Cooper, told The Washington Times yesterday, "Our review of the case is continuing at this point, and no decision has been made. We don't expect to make an announcement about this case in the next few days." ...

discussion:

LieStoppers: Crystal called to SPs office!, according to Fox — Fox is reporting that CGM [Crystal Gail Mangum] has been called to the SPs office today [Thursday] for some kind of face-to-face conversation. I guess they really are going to tell her they're dropping the case?

TalkLeft: Interview Ordered for Accuser
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BriAnne Dopart, Herald-Sun:
AG's office denies lacrosse case is dead Despite a blogger's bold announcement to a national audience Thursday that special prosecutors might kill the Duke lacrosse case investigation today, the state Attorney General's Office said that is not true.

Justin Paul Caulfield told Fox News that sources including more than the defense attorneys told him, "There is no case here and they will be hearing a dismissal in the coming days." Caulfield, who writes as a legal analyst for Inside Lacrosse, an online magazine affiliate of ESPN, the sports multimedia organization, said the accuser was being summoned to the AG's Office on Thursday...

As Caulfield's contentions got picked up by bloggers and newspaper online editions across the country Thursday, the accuser's parents hinted that their daughter may welcome the charges being dropped.

"She had told me once before she was tired of it and she wished she could just get it over with," the accuser's father said, "She hates that she ever reported it."

While he still believes wholeheartedly his daughter was brutally raped and assaulted on the night of March 13, 2006 -- he recalls in vivid detail his daughter's swollen eyes and cut arms -- he said his daughter has at least once mentioned regrets about having ever made the accusations in the first place...

The accuser's father said he didn't understand why or how his daughter's case evolved into the media frenzy it became early last spring, but speculated that it was because, "Duke tried to cover it up." He has tried to follow the case, he said, but didn't understand why the rape charges were dropped and why the others might eventually be dropped...
discussion:
LieStoppers forum: Bill Anderson - The Hurled-Scum's latest outrage, Repeats the lies a year later — Dopart -- I guess following in the Khanna-Blythe tradition -- repeats something that simply was not true. The "swollen eyes and cut arms" quote truly is outrageous ...

related:
Jon Ham, Right Angles blog: Durham’s stenographer for lies — The Herald-Sun, called The Hurled-Scum on many blogs and forums that support the indicted Duke lacrosse players, showed why they have earned that moniker with a story this morning. In a story headlined “AG office denies lacrosse case is dead” the paper tries to counteract rumors of the past 48 hourse that the case against the lacrosse players is about to be dismissed. That’s par for the course, though, The Herald-Sun carrying water for the prosecution. What outraged many was this characterization of the accuser’s father’s view...

comment: 'Dope-Art' and the H-S also takes a nice shot at bloggers with the "Despite a blogger's bold announcement," lead-in sentence to this "piece." Justin Paul Caulfield is not just a "blogger," if he could even be considered that. Caulfield's website says:
In connection with his current practice, Paul became a national legal contributor on the Duke University criminal case where an African American college student and exotic dancer accused three white lacrosse players of raping and kidnapping her. He has appeared numerous times on national news programs including MSNBC's Scarborough Country and Rita Cosby, Live & Direct and FOX News Channel's Hannity & Colmes and has published a variety of legal articles on the same topic.
Facts never stood in the way of H-S 'journalism.' It turns out Caulfield just told Megyn Kelly of Fox News that the charges would be dropped "in the coming days," the exact quote Dope-Art cited. Fox screwed up and added the part that it might happen Friday.
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John Podhoretz, NY Post
Who Won't Pay — It seems that the trumped-up charges against three young men who played for the la crosse team at Duke University will be dismissed either today or sometime next week.

That will mostly end their ordeal, though they'll still have to deal with millions of dollars in legal fees (which, in the end, the city of Durham, N.C., will probably have to pick up).

The same can't be said of their false accuser - who is in a world of trouble, since you're not supposed to make false accusations to the authorities.

But her dire fate will seem positively sunny compared to that of Durham DA Mike Nifong - who is certain to be sued for defamation, likely to be disbarred and very possibly charged with an open-and-shut case of perjury that could land him in jail for a long time.

Yet some of the most disgraceful actors in this case will go unpunished.

I'm referring to a huge cohort of the professors at the top-flight university attended by the three unjustly accused men.

Some 88 of them - more than 10 percent of the entire Duke professoriat - engaged in a shocking rush to judgment in the weeks following the party where the accuser falsely alleged she had been raped.

They signed an ad declaring they were "turning up the volume at a moment when some of the most vulnerable among us are being asked to quiet down." ...
discussion:
LieStoppers forum: Podhoretz/NY Post article
FreeRepublic: They Found 88 Problems, and the Dancer Was Just One

related:
Jon Ham, Right Angles blog: Who will pay for Duke lacrosse fiasco? — I had breakfast with John Podhoretz a few months ago when he came to Durham to do a piece on the Duke lacrosse case (how’s that for name-dropping?). As we sat in the restaurant in the Marriott downtown (I still think of it as the Omni) he picked my brain about the case and the game of lacrosse...
-----------
KC Johnson:
More CrimeStoppers — I spoke yesterday with two members of the Durham CrimeStoppers board, Dean Sue Wasiolek and Dan Hill. They gave me details of the group’s monthly meeting, which was devoted solely to the issue of last spring’s “wanted” poster in the lacrosse case. (Dean Sue had asked that the issue be placed on the agenda.) Cpl. David Addison, the Durham Police liaison to the CS board, was out of town on a previously scheduled matter; Major Lee Russ briefed the board.

Russ reported the sequence of events as follows...

In June, John in Carolina reported that Russ had told him that the Durham Police played no role in the creation of the “wanted” poster. While it is true that the poster’s language came from an Addison CrimeStoppers e-mail, the production and distribution of the poster, Russ has now conceded, was undertaken by a Durham Police officer unconnected with CrimeStoppers.

My thanks both to Dan Hill and to Dean Sue for speaking with me about this material.

discussion:
LieStoppers forum: Durham PD liability for wanted poster, New info - they're toast
---------
Raymond Lee Parker sentenced to 40 years in prison for $173 robbery in 1980John Stevenson, Herald-Sun:
Nifong tries to keep armed robber in prison — District Attorney Mike Nifong argued Thursday that Durham's senior judge would be "going out on a limb" if he let a convicted armed robber out of prison after nearly 28 years -- more than double the time he could receive under North Carolina's current punishment scheme.

Nifong said the state's latest penalty scale, implemented in 1994, was not intended to be retroactive for people imprisoned earlier.

But defense lawyers Jerry Clayton and Freda Black contended Raymond Lee Parker should get the benefit of the current and less draconian law, particularly since he already has served more time than many murderers do.

Superior Court Judge Orlando F. Hudson took the arguments under consideration and said he would make a decision later...
related:
Anne Blythe, News & Observer:
He seeks freedom in $173 robbery — Black argued that Parker's sentence should be abandoned because state law has changed substantially since 1980, when a jury convicted her client of robbery with a dangerous weapon.

Nifong, who prosecuted the case, argued against release, saying putting aside the sentence would open the door for others to argue for changes, too. Hudson said he would review the arguments but did not announce when he would rule. There could be others in situations similar to Parker's.

According to Department of Correction records, as of Jan. 31 there were 60 people in North Carolina prisons with armed robbery as their most serious offense who have been incarcerated for more than 25 years. All were convicted before the 1981 "fair sentencing" law took effect.

The late Judge James H. Pou Bailey, a man with a reputation for tough sentencing, gave Parker 40 years to life March 13, 1980, for robbing Theda Heffner at gunpoint July 13, 1979.

No one hurt - No shots were fired, according to court documents, and no one was injured during the robbery...

discussion:
LieStoppers forum: 40 to life for $173, Nifonged

comment: Where is the North Carolina NAACP in this case?
--------
LieStoppers:
NC Senate Democrats Move on Nifong, Hudson — Three North Carolina State Senate Democrats have initiated legislation that would provide a procedure for the North Carolina State Bar to act on the §7A-66 affidavit filed in February. The affidavit seeking the removal of Durham County District Attorney Mike Nifong from office was stalled indefinitely by Durham County Senior Resident Superior Court Judge Orlando Hudson despite a statutory mandate requiring him to act within thirty days of the filing. The proposed legislation would remedy Hudson's delay by providing an immediate, although temporary, avenue for the protection of the public from a rogue District Attorney who is supported by a Judge willing to ignore the letter of the statute that was designed specifically to offer that protection....
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Dave Rahme, Post-Standard/syracuse.com:
A Search for Redemption — Sue Pressler took her daughters, Janet and Maggie, to the Duke-Cornell men's lacrosse game Tuesday evening in Durham, N.C. The girls high-fived the Blue Devils as they entered the field. Duke coach John Danowski gave Janet a hug.

Mom and daughters then settled in and watched the top-ranked Big Red edge No. 4 Duke 7-6 on a fourth-quarter goal by Skaneateles native Eric Pittard.

Some 680 miles away, while his wife and kids were cheering for the Blue Devils, Mike Pressler was savoring Division II Bryant College's 13-7 victory over Pace and was beginning to worry about top-ranked Le Moyne, which will come calling Saturday with its 63-game regular-season victory streak in tow...

Despite witheringpressure on and off campus to turn in the guilty parties, the entire team maintained its innocence. And Pressler stayed firmly in his players' corner, even as his family received threatening e-mails and phone calls...
----------
Michael Gaynor:
Comparing the Duke and Kobe cases — On March 21, 2007, Delores Williams posted a thoughtful article entitled "Is the Duke Case the Kobe Bryant in Reverse?"Great question!

Ms. Williams: "It is striking the similarities of the Duke Case and the Kobe Bryant case, just a reversal of the color of the alleged victim. Both cases are high profile because of the accused; with Duke as the Ivy League school, and Kobe Bryant as the star basketball player in Los Angeles. Let's take it one item at a time."

The colors of the alleged villains are reversed too; Duke, although an elite educational institution, is not part of the Ivy League; and, most importantly, there is an enormous difference: there WAS sex in the Kobe case and NO sex, or assault, or kidnapping, in the Duke case....

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