April 14, 2006

GIVE THE VICTIM A BREAK...SHE'S NOT THE ONE ON TRIAL




Ok, so the nurse at the hospital determined that the victim had bruising on her neck, and obvious signs of trauma in the vaginal and anal area. She was hysterical, typical of a rape victim. On top of that, she went to the hospital right away...something most rape victims DO NOT do. I believe the three men she described are guilty of rape. Wait for an arrest, a grand jury investigation, a trial?


These rich kids and their parents will do anything to get their boys off the hook. Duke has irreparably damaged their name, status and the students who attend Duke. Look at what money can buy! It bought OJ Simpson out of jail; it bought Michael Jackson his freedom to leave the country. What next?


The system sucks for rape and assault victims and I hope this woman gets the justice she deserves. And for the BOYS (and I stress BOYS) that did this, I hope you get raped and beaten in prison. Use your Lacrosse moves there. See what the real world is like. Mommy and Daddy can't protect you then.



Defense Attorney, Bill Thomas and His Take on the Situation



DURHAM -- A defense attorney representing a Duke lacrosse player says he expects at least one team member to be indicted as early as Monday in connection with the alleged gang rape of an exotic dancer at a team party last month.


Durham lawyer Bill Thomas also predicted a second set of DNA tests sought by District Attorney Mike Nifong will clear the lacrosse players of any wrongdoing, just as the first set released earlier this week did.


Nifong has not discussed with him the possibility of charges being filed, Thomas said. "It is very unclear to me what his intentions are other than he intends to charge someone," Thomas said. "Based on his public comments I am assuming that he is submitting this case to the grand jury as quickly as he can and seeking one or more indictments when he does." Nifong repeatedly has said he is convinced a rape occurred the night of March 13-14 at a lacrosse party at which two exotic dancers performed for pay at 610 N. Buchanan Blvd.


He suggested at a public forum Tuesday that the alleged victim positively identified one lacrosse player from a photo selection last week. That was news to defense attorneys. Thomas said he has no way of knowing who might be implicated in any possible charges. "My opinion is it would be like a roulette wheel. You could possibly pick anyone because the event she is describing did not occur," he said.


According to court orders used to obtain DNA samples, Nifong's office has considered all 46 white members of the lacrosse team as suspects. The alleged victim, who is black, told police her three attackers were white. Thomas said he also considers it troubling that authorities did not conduct a photo lineup process sooner to try to identify specific suspects. "That is a very important question," he said. "This photographic lineup was conducted after three weeks of intense media coverage, which included a picture of these young men all over the television, printed media as well as the Internet. I would be at a loss to explain why the police would wait that period of time unless the prosecuting witness was not cooperating with the investigation."


Thomas said he could think of no reason the dancer could not have done the identification sooner. "We know that the accusing witness has conducted a comprehensive media interview within a few days of this alleged brutal assault, so I certainly cannot understand why the identification procedure would have taken this long to conduct, nor do I understand why it would have taken such a long period to prepare the report," Thomas said.


Nifong has not given him a copy of the photo lineup report, Thomas said. "He faxed a letter to my office today [Wednesday] informing me the report with respect to the examination, which he is required to disclose, would not be available prior to the week of April 17," Thomas said. Given public comments by the district attorney and the interest of the law enforcement community in the case amid weeks of strong public reaction, "It seems to me a report would be prepared immediately." "I think a legitimate inquiry could and will be made as to why it would take the Durham Police Department such an unreasonable time to prepare such a report," he said.


On Tuesday, a Durham Police spokeswoman said a question about the department's role in the alleged victim's identifying a suspect would be referred to Nifong's office. Although he has spoken in at least two public forums this week, Nifong has declined requests for an interview. Thomas seemed unfazed by Nifong's decision to have a second set of tests conducted on DNA samples collected from the lacrosse players. "That's not unusual at all," he said. "He has not disclosed the nature of the tests, but these young men are glad these tests are being conducted. They are in favor of all scientific and DNA tests which can be conducted because they know that these tests will clear them."


Results of the DNA tests conducted by the SBI and revealed by defense lawyers on Monday showed no evidence of DNA traces from any of the 46 lacrosse players in or on the dancer, on her clothing or other personal possessions, or on the false fingernails that she said popped off while clawing at one of her attackers. Also, no traces of her DNA were found in the bathroom in which she said she was raped, sodomized, beaten and strangled by three men for 30 minutes.


Meanwhile Wednesday, students and leaders of Duke Chapel gathered in an interfaith service for healing in the university and city. The event also provided an antidote, organizers said, to an image of Duke playing along a story line in the national limelight as the lacrosse team rape investigation unfolds -- that of the university as a bastion of white, male privilege. Hindu, Buddhist, Christian and Muslim students, as well as Jewish Rabbi Michael Goldman of the Freeman Center for Jewish Life, read sacred texts from their faiths.


At the invitation of the Rev. Sam Wells, dean of Duke Chapel, the approximately 50 people outdoors in front of the Chapel joined hands in a ring and prayed, within an outer ring of television cameras and news photographers. Wells prayed for mercy, justice and cleansing of hearts "in the life of this community, bringing healing, truth and peace." "The people here today come from a range of different faiths," Wells said in an interview afterward. "We don't take our similarities for granted, but we do see each other's presence here on campus as deeply enriching and we do enjoy the rich diversity of life at Duke. "Duke has been portrayed as privileged and rich and male, and I don't think you've seen that today. I think you've seen just how a wonderful diverse place we are." Members of the Duke community requested the prayer service, which Durham City Councilwoman Cora Cole McFadden also attended.


The interfaith prayer vigil, as the service was billed, was sponsored by Duke Chapel and Duke Religious Life. "All of us are aware of the pain and anger and frustration and confusion in our community," said Craig Kocher, assistant dean of Duke Chapel and director of religious life. "None of us here ... are here to point fingers or to offer any comment whatsoever on the legal proceedings of the present situation."




District Attorney, Mike Nifong's Rebuttal



DURHAM -- Saying he would rather be right than be re-elected, District Attorney Mike Nifong on Wednesday defended his handling of allegations that an exotic dancer was gang raped by Duke University lacrosse players.


Nifong said he would have done nothing differently in the case, even though DNA test results showed no evidence that any of 46 lacrosse players had sexually assaulted the woman, or that she had left any DNA traces in the bathroom where the 30-minute assault allegedly occurred. A veteran of more than 27 years as a Durham prosecutor, Nifong said during an election forum for the three district attorney candidates that some in the community had pressured him to make almost instant arrests in the lacrosse incident, while others urged him to do nothing about the rape accusation.


"If I had done that, you should vote against me," said Nifong. "I would vote against me if I had done that. ... It's not about making people happy. It's about doing the right thing. I expected I would be criticized. "I didn't pick the crime. I didn't pick the time. But I'm going to do the case right because you deserve that," he said at another point.


No one has been criminally charged so far, but Nifong has said he is convinced a rape occurred and is pursuing the case regardless of the DNA tests. But lawyers Freda Black and Keith Bishop, Nifong's opponents in a May 2 Democratic primary election that will decide who is Durham's chief prosecutor for the next four years, said Nifong has been too vocal about the case, sowing seeds of community discord in the process.


Nifong received a gubernatorial appointment as district attorney a year ago this month after his predecessor became a judge. Black had been an assistant prosecutor here for more than a decade but resigned on the day Nifong took office, saying he asked her to go. Bishop has extensive private-practice experience. "Do you want to live over the next four years with what we have endured over the last three weeks?" Bishop asked Wednesday, alluding to public and media frenzy about the lacrosse incident. "It's no wonder this community is as fragile as it is and is able to break like a twig under the unsteady hand of the incumbent," Bishop said. "You have to know when you make errors," Bishop added, accusing Nifong of telling reporters an arrest was imminent in the rape case when he didn't have evidence to back him up. "If I had enough evidence to make an arrest, there would have been an arrest," said Bishop. "If you don't have the correct information, you should have sat back and be silent. "It casts a long shadow over the integrity of your administration," Bishop added. "Don't put the public through this kind of discord. You should have some compassion both for those who are accused and for the victim. I would have done things a lot differently -- with integrity."


Black told the forum audience that Durham was "completely off course" and was experiencing divisive tension because of Nifong's handling of the rape allegations. Among other problems, she said her opponent's extensive media statements might force a change of venue if the case were to go to trial. In fact, Nifong by his own count did more than 70 media interviews in one week, although he has since been declining them. "Perhaps he thought he landed a case that would save his prosecutorial career," Black said of Nifong. "Now the damage has already been done.


Some of the damage is most likely irreversible. Durham has been portrayed in a negative light nationally. When the cameras leave, who will pick up the pieces?" Although the rape allegations were the dominant topic Wednesday evening, the candidates also discussed gang violence, immigration, court overcrowding and judicial efficiency in general.


Nifong said that while Durham County Superior Court disposed of 86 percent of its felony caseload last year, the figure was up to 103 percent under his administration this year, including some cases carried over from the past.


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