Even though a lie detector test is not admissible in the court of law as evidence, I will give some props to David Evans for coming forth and taking a lie detector test right away without having to be asked. I always believe that if you are truly innocent, why hide? Take a test and prove it to people. Which is what he did. So, at this point, I will only give this individual the benefit of the doubt.
However, I also do not know what kind of questions that were asked during the test, so I can not speculate whether or not he was asked if he believed that a rape occurred…just that he was not one of the alleged perpetrators.
Why haven’t the other two taken lie detector tests? May I remind all those at the party that were aware of what was going on, or found out the truth later are also complicit in this crime?
Breaking the “Code of Silence Barrier”
Men have dominated universities in the United States especially in prestigious universities since the beginning. The misogynist role that plagues fraternities across the country is also applied to tight knit athlete teams, such as the Duke Lacrosse team. Can you tell me that there isn’t ONE decent man on that team that has a conscience?
These are the reasons why I am still inclined to believe the accuser:
- The accuser was given a drink while getting ready in the bathroom with the other dancer. At this point in time, it is believed to have contained a date rape drug. The other dancer claimed that the accuser seemed coherent and completely fine before she drank the alcoholic drink.
- It was noticed 10-15 minutes later that she was stumbling and became frightened when one of the party-goers suggested that she perform sexual acts with a broomstick. (source)
- Both the dancers thought this behavior was out of line and decided to leave. (source)
- As the accuser was leaving, one or more of the party-goers convinced the women to return to the party promising no will ill. Whether the accuser was intoxicated, she returned to the party.
- The accuser alleges that at some point she was pulled into the bathroom by three white men who sexually assaulted her orally, anally and vaginally. She also had visible bruises around her neck that were noted in the doctor’s notes when the accuser went to the hospital. (source)
- The accuser states that as soon as she could get out, she left immediately leaving her wallet and other personal effects behind. In addition, 5 fake fingernails that the accuser was wearing were strewn about the floor in the bathroom. (source)
- The accuser immediately called police and went to the hospital where the rape-kit test proved that the accuser had injuries consistent of anal and vaginal wounds and stressed penetration. An overwhelming majority of women who are raped never report the incident at all, let alone immediately after the incident. (source)
- In addition, the prosecutor presented all his evidence he had at the time to the grand jury…a partial group of people that access whether or not a crime may have been committed and if a prosecution is warranted.
- Since then, it has been discovered that there was no DNA found. Where is the broomstick used during the party? Was DNA taken of the broomstick? (source)
- The capability of using DNA in rape cases has only been a recent tool in determining rape cases among other crimes. However, it is not necessary for DNA evidence in order to convict.
- It is up to the jury…the peers of the accused to access the evidence and make their decision as to whether or not these men are guilty.
As I’ve said before, I am always inclined to believe the accuser in sex crimes, until proven otherwise. So far, I have not seen any reason not to believe her based on official doctor’s/nurses’s notes, the grand jury evidence which caused the initial indictments, and the confidence of Prosecutor Nifong. Any prosecutor in his/her right mind would not go out on a limb in the chance that he would lose and suffer public embarrassment and unforgettable ridicule.
As we have seen in hundreds of cases, most famously noted such as the Kobe Bryant case, the Mike Tyson case, the R. Kelly scandal…the victim is always slandered and pushed to the limits of dropping the charges so she will just go away. It is the male dominated society that intimates these women into dropping the case succeed by digging deep into their personal histories and exploiting their past. There is something called a rape-shield law, but it hardly applied these days.
This is what I see happening in this case: She is a stripper, she is a minority, she is a single mom and on the “wrong side of the tracks”. All those factors are strikes against her in the court of Duke and the wealthy public opinion. These things have no legal bearing on the alleged facts that occurred that senseless evening of pure evil.
DURHAM, N.C. — A captain of the Duke University lacrosse team was indicted Monday on charges of rape and blasted the case as "fantastic lies" against him and two teammates.
David Evans, 23, became the first member of the team to speak out against the charges and his accuser, a stripper who said she was attacked at a lacrosse team party March 13.
With his parents (mommy and daddy) beside him, Evans said he had cooperated with police and was stunned that he had been indicted for a crime that did not occur.
"I want to say that I am absolutely innocent of all the charges that were brought against me today, and that Reade Seligmann and Collin Finnerty are innocent (source) of the charges brought against them," said Evans, who graduated Sunday. "These allegations are lies, fabricated, and they will be proven wrong."
Evans, Seligmann and Finnerty are charged with rape and kidnapping. Finnerty and Seligmann, both sophomores, turned themselves in April 18.Evans' lawyer, Joseph Cheshire, alleged the case was the product of a prosecutor more concerned with his political career than getting to the facts.
"This community has been torn apart intentionally on racial lines and political lines and these boys have been chopped up in the process," he said. "They are victims, their families are victims, this community is a victim, and our justice system is a victim."
Durham County District Attorney Michael Nifong said he expects no further indictments. He declined to respond to Cheshire and told reporters near his office in the Durham County courthouse, "You guys should be ashamed of yourselves following people around like this." Cheshire said Nifong, who recently won a race to keep his job, refused to speak to him or Evans to hear evidence that would exonerate his client.
Cheshire said the accuser identified Evans as her attacker with "90% certainty" from a photograph and told investigators she would be more certain if Evans had a mustache like he did the night of the attack. Evans "never had a mustache," Cheshire said. (source)
Cheshire said DNA tests failed to link conclusively any player to the woman. They did show that the woman had sex with a man who was not a member of the lacrosse team, he said. A false fingernail of the woman's that was found in a waste basket in a bathroom could not exclude Evans, Cheshire said."That, according to our DNA experts, is about as weak a DNA evidence that you can have," Cheshire said.
Evans, who is from Bethesda, Md., and had been charged in the past with alcohol possession and noise ordinance violation, made a four-minute statement in front of a throng of journalists. Behind him stood his parents, Rae Evans, a Washington lobbyist and chairwoman of the Ladies Professional Golf Association board of directors, and his father, David Evans, a Washington lawyer.
Evans said he cooperated fully with police investigating the allegation. He said he talked to them without a lawyer because he knew nothing happened. He said he turned over his password to his e-mail account and helped police identify who attended the party at his house off campus. He also said he willingly submitted DNA samples and offered to take a police polygraph, which was not done. He said he passed a polygraph exam arranged by his lawyer and conducted by a former FBI agent.
"I passed that polygraph for the same reason I will be acquitted of all these charges, because I have done nothing wrong and I am telling the truth," Evans said.
With his parents (mommy and daddy) beside him, Evans said he had cooperated with police and was stunned that he had been indicted for a crime that did not occur.
"I want to say that I am absolutely innocent of all the charges that were brought against me today, and that Reade Seligmann and Collin Finnerty are innocent (source) of the charges brought against them," said Evans, who graduated Sunday. "These allegations are lies, fabricated, and they will be proven wrong."
Evans, Seligmann and Finnerty are charged with rape and kidnapping. Finnerty and Seligmann, both sophomores, turned themselves in April 18.Evans' lawyer, Joseph Cheshire, alleged the case was the product of a prosecutor more concerned with his political career than getting to the facts.
"This community has been torn apart intentionally on racial lines and political lines and these boys have been chopped up in the process," he said. "They are victims, their families are victims, this community is a victim, and our justice system is a victim."
Durham County District Attorney Michael Nifong said he expects no further indictments. He declined to respond to Cheshire and told reporters near his office in the Durham County courthouse, "You guys should be ashamed of yourselves following people around like this." Cheshire said Nifong, who recently won a race to keep his job, refused to speak to him or Evans to hear evidence that would exonerate his client.
Cheshire said the accuser identified Evans as her attacker with "90% certainty" from a photograph and told investigators she would be more certain if Evans had a mustache like he did the night of the attack. Evans "never had a mustache," Cheshire said. (source)
Cheshire said DNA tests failed to link conclusively any player to the woman. They did show that the woman had sex with a man who was not a member of the lacrosse team, he said. A false fingernail of the woman's that was found in a waste basket in a bathroom could not exclude Evans, Cheshire said."That, according to our DNA experts, is about as weak a DNA evidence that you can have," Cheshire said.
Evans, who is from Bethesda, Md., and had been charged in the past with alcohol possession and noise ordinance violation, made a four-minute statement in front of a throng of journalists. Behind him stood his parents, Rae Evans, a Washington lobbyist and chairwoman of the Ladies Professional Golf Association board of directors, and his father, David Evans, a Washington lawyer.
Evans said he cooperated fully with police investigating the allegation. He said he talked to them without a lawyer because he knew nothing happened. He said he turned over his password to his e-mail account and helped police identify who attended the party at his house off campus. He also said he willingly submitted DNA samples and offered to take a police polygraph, which was not done. He said he passed a polygraph exam arranged by his lawyer and conducted by a former FBI agent.
"I passed that polygraph for the same reason I will be acquitted of all these charges, because I have done nothing wrong and I am telling the truth," Evans said.
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