Duke Lacrosse Players Sex Charges Dropped!!!

[CaptOldTimer]

http://www.cnn.com/2007/LAW/04/11/duke.lacrosse/index.html



JUST ANNOUNCED!!!!! ALL CHARGES DROPPED!!!


RALEIGH, North Carolina (CNN) -- The North Carolina attorney general's office said it will announce a decision Wednesday afternoon in the sexual assault case against three former Duke lacrosse players.
Defense sources said they expect charges against the men will be dropped.
"I am very comfortable that the charges will be dismissed and these boys will be completely exonerated," Joseph Cheshire, an attorney for one of the indicted men, told The Associated Press.
All three former players and their families had arrived in Raleigh, North Carolina, by Wednesday.
The attorney general's office has not tipped its hand regarding the charges, but has told local media that interviews related to the case have been completed.
Reade Seligmann, David Evans and Collin Finnerty were charged with first-degree kidnapping and first-degree sexual offense after an escort-service dancer accused them of raping her at a team party in March of last year.
Attorneys for the students have insisted from the start that their clients are not guilty.
In January, the North Carolina attorney general's office took over the case from Michael Nifong, the local district attorney who had been handling it. Nifong faces multiple ethics complaints from the state bar over his handling of the case.
Wednesday, defense sources told CNN the defense plans to pursue civil suits against Nifong no matter what decision is announced.
The same sources said there were no plans to sue the accuser, who was described as "a troubled soul."
If the charges are dropped, it will end a yearlong battle fought in the North Carolina courts.
The allegations of rape, which sparked controversy in the Raleigh-Durham area and quickly moved into the national spotlight, were made last year when a woman hired to perform at a party as a dancer accused the students of raping her.
The woman initially said the three raped her in a bathroom, but the rape charges were dropped in December after she told prosecutors she could no longer testify that she had been penetrated with a penis, one of the defining factors of rape under North Carolina law. In addition, two DNA tests have found no evidence linking any of the three men to their 28-year-old accuser.
The North Carolina state bar filed ethics complaints against Nifong in December and January, accusing him of withholding DNA evidence from the players' defense attorneys and of "making misrepresentations to the presiding judge."
Other ethics complaints said Nifong had made inappropriate comments to the media about evidence, testimony, and the students' character and credibility. (Full story)
Nifong will be tried by the bar in June and could be disbarred if he's found guilty, AP reported.
The case prompted national outrage and discussion about racism and the rowdy behavior of privileged students at a prestigious university.
The accuser, a student at nearby North Carolina Central University, is black; the three accused men are white.
When the case began, Seligmann, of Essex Fells, New Jersey, and Finnerty, of Garden City, New York, were both sophomores. Evans, the team captain, who is from Bethesda, Maryland, graduated a day before turning himself in to face charges.
In January, Duke invited Seligmann and Finnerty to return for spring semester. They had been placed on administrative leave after the dancer made her accusations. Neither accepted the invitation, according to AP.
Evans became the first accused player to speak out, vehemently proclaiming his and his teammates' innocence as he turned himself in on May 15.
"It did not happen," he said. "I will be acquitted of all these charges because I have done nothing wrong, and I have told the truth. I have told the truth from day one."




:D :) ;)

[HotTrotter]

http://www.cnn.com/2007/LAW/04/11/duke.lacrosse/index.html



JUST ANNOUNCED!!!!! ALL CHARGES DROPPED!!!


RALEIGH, North Carolina (CNN) -- The North Carolina attorney general's office said it will announce a decision Wednesday afternoon in the sexual assault case against three former Duke lacrosse players.
Defense sources said they expect charges against the men will be dropped.
"I am very comfortable that the charges will be dismissed and these boys will be completely exonerated," Joseph Cheshire, an attorney for one of the indicted men, told The Associated Press.
All three former players and their families had arrived in Raleigh, North Carolina, by Wednesday.
The attorney general's office has not tipped its hand regarding the charges, but has told local media that interviews related to the case have been completed.
Reade Seligmann, David Evans and Collin Finnerty were charged with first-degree kidnapping and first-degree sexual offense after an escort-service dancer accused them of raping her at a team party in March of last year.
Attorneys for the students have insisted from the start that their clients are not guilty.
In January, the North Carolina attorney general's office took over the case from Michael Nifong, the local district attorney who had been handling it. Nifong faces multiple ethics complaints from the state bar over his handling of the case.
Wednesday, defense sources told CNN the defense plans to pursue civil suits against Nifong no matter what decision is announced.
The same sources said there were no plans to sue the accuser, who was described as "a troubled soul."
If the charges are dropped, it will end a yearlong battle fought in the North Carolina courts.
The allegations of rape, which sparked controversy in the Raleigh-Durham area and quickly moved into the national spotlight, were made last year when a woman hired to perform at a party as a dancer accused the students of raping her.
The woman initially said the three raped her in a bathroom, but the rape charges were dropped in December after she told prosecutors she could no longer testify that she had been penetrated with a penis, one of the defining factors of rape under North Carolina law. In addition, two DNA tests have found no evidence linking any of the three men to their 28-year-old accuser.
The North Carolina state bar filed ethics complaints against Nifong in December and January, accusing him of withholding DNA evidence from the players' defense attorneys and of "making misrepresentations to the presiding judge."
Other ethics complaints said Nifong had made inappropriate comments to the media about evidence, testimony, and the students' character and credibility. (Full story)
Nifong will be tried by the bar in June and could be disbarred if he's found guilty, AP reported.
The case prompted national outrage and discussion about racism and the rowdy behavior of privileged students at a prestigious university.
The accuser, a student at nearby North Carolina Central University, is black; the three accused men are white.
When the case began, Seligmann, of Essex Fells, New Jersey, and Finnerty, of Garden City, New York, were both sophomores. Evans, the team captain, who is from Bethesda, Maryland, graduated a day before turning himself in to face charges.
In January, Duke invited Seligmann and Finnerty to return for spring semester. They had been placed on administrative leave after the dancer made her accusations. Neither accepted the invitation, according to AP.
Evans became the first accused player to speak out, vehemently proclaiming his and his teammates' innocence as he turned himself in on May 15.
"It did not happen," he said. "I will be acquitted of all these charges because I have done nothing wrong, and I have told the truth. I have told the truth from day one."




:D :) ;)

Let's hope they are properly compensated for this. It ruined thier careers as lacrosse players as well as tarnished thier reputations. Another reason why we need to protect the identity of the accused as well as the accuser in these cases.

[Steamer]

Nifong jumped the gun on this going public before evidence was developed and the allegations were thoroughly investigated. Then when he realized the case was bogus, instead of dropping the charges, he withheld such information from the defense in violation of standard courtroom practice, and continued to press the case.

This is prosecutorial misconduct, plain and simple. Nifong should be disbarred.

[DaSharkie]

I live in Durham and I can tell you this......Mike Nifong, Durham County, Durham PD, and Duke University (my alma matta) are ALL going to write HUGE checks to these three guys.

HUGE!

Nifong's actions have been disgusting and he will pay heavily.

[nyckftbl]

I live in Durham and I can tell you this......Mike Nifong, Durham County, Durham PD, and Duke University (my alma matta) are ALL going to write HUGE checks to these three guys.

HUGE!

Nifong's actions have been disgusting and he will pay heavily.

Good! These poor kids lives have been ruined by the actions of a few ignorant people looking to become famous. What a shame.

[emt161]

The coach lost his job as well. He now heads up the Bryant University program. While excellent I'm sure, it ain't exactly on the same plane as Duke.

[HotTrotter]

Seems to me that the girl involved should also be charged and sent to jail as well. Something about obstruction of justice, falsely reporting an incident, and maybe a few more. She cost the tax payer a lot of money and ruined a lot of people along the way. Trust me she is no victim and to allow this to go unpunished is a crime in itself.

[DaSharkie]

Seems to me that the girl involved should also be charged and sent to jail as well. Something about obstruction of justice, falsely reporting an incident, and maybe a few more. She cost the tax payer a lot of money and ruined a lot of people along the way. Trust me she is no victim and to allow this to go unpunished is a crime in itself.

But the DA (Mike Nifong) did not properly investigate the allegations. Never interviewed her until a couple of months ago. He is solely responsible for how far this went and how much it cost.

[GeorgeWendtCFI]

But the DA (Mike Nifong) did not properly investigate the allegations. Never interviewed her until a couple of months ago. He is solely responsible for how far this went and how much it cost.

That is the flaw in the conventional thinking. Why do you think he didn't interview the victim for months? Because his people DID properly investigate the case, knew she was lying and was backed up by the evidence. He tried to maintain plausible deniability. When this case against Nifong gets ready to move, watch all of the law enforcement people throw him under the bus.

My prediction is that he will end up in federal prison for violating these kids civil rights. What is the difference in what Nifong did to them and a cop beating the hell out of them on the street corner? Nothing.

[DaSharkie]

What is shameful (having witnessed it first hand while attending Duke) is the way the school, the students, the crackpot radical feminists, the "New Black Panthers", and the Black churches in Durham protested, chastised, and harrassed these guys like mad.

These guys, their team mates, and their families have been beaten down, dragged out, smacked around, harrassed, threatened, and convicted without EVER entering the courtroom.

This is the same bleeding heart, touchie-feely, Peace, Love, Dope crowd that has the unmittigated gall to chastise anyone for trying and convicting people without a trial.

I have seen the signs saying "Get a Conscience NOT a Lawyer" in Durham. Who the F@CK are these self righteous, pompous, arrogant, hypocritical, do gooder windbags to do this to people? Church ministers holding the 2006 equivalent to a public lynching of these 3 kids without so much a second thought. The Black Panthers decrying social injustice at 3 White kids raping a Black woman without seeing the evidence (occurred within 2 weeks of the event), hearing both sides of the story, and now these 3 are vindicated from all wrongdoing and these same self righteous pinhead pr!cks get to just carry on.

The school newspaper's "The Chronicle" actions in this are about mid-line with a bit of a slant towards fry these kids was pathetic as well. So much for journalistic integrity. :rolleyes:

This being said, I deplore these 3 kids and their team hiring a stripper for their little drunk fest. The relations between Duke University and the city of Durham (Town-Gown relations) sucks.

[KEEPBACK200FEET]

This whole fiasco is symbolic of something deeper that goes on in Durham the surrounding areas...racial tension. It's a shame that Nifong handled it like he did, but I can't say that there wouldn't have been a whole lot of happy people to see three white kids nailed to the wall for "sexually assaulting" a black stripper. As harsh as that sounds, thats the reality. My criminal law class has also come up with a new term for mucking up an investigation. We call it "Nifonging it".

[MarcusKspn]

The one thing that ticks me off about this case is how the media reports how this situation is so surprising, that innocent people could never posibly go to jail.

If the races were reversed this would never have been a story. But because 3 rich white guys were charged, this became news. Innocent people go to jail every day because of activist DA's. The whole system needs to change, maybe this time it hit close to home and something will be done.

[scfire86]

The one thing that ticks me off about this case is how the media reports how this situation is so surprising, that innocent people could never posibly go to jail.

I agree with this statement. And the converse that there are guilty people charged and convicted and never do time. Witness ex-Enron exec Jeff Skilling. Convicted last year and he hasn't been sentenced yet.

Dave Chappelle did a special episode of Law and Order where he flipped the justice systems for how rich people are treated versus crack dealers. It was one of the best and sadly true skits I've ever seen.

[MIKEYLIKESIT]

Where's Jesse and Al on this one ?

[KEEPBACK200FEET]

Where's Jesse and Al on this one ?

Al was gonna raise the money to send this hood rat to Duke. I don't know what ever happened to that.

[wag11c]

My take is the worst part of this incident is the woman won't be charged for these false allegations because "She may really believe their true". Sometimes I really believe I might be Johnny Holmes, but my girlfriend may tell you otherwise. Sickening.

[MarcusKspn]

I just hope that this high profile case of injustice will cause some reform in the system, or at the very least some more awareness that people can go to jail if they are innocent.

Yes, we are pissed off when guilty people "Buy" their way to freedom, but it just hits home when innocent people go to jail. We have heard for a long time that there was a claim of "activist DA's", but it was always "them" complaining, and there is always a tendency of ignoring that complaint.

This time it almost happened to "one of us". And the media is not going to sweep this one under the rug.

[jccrabby3084]

What is shameful (having witnessed it first hand while attending Duke) is the way the school, the students, the crackpot radical feminists, the "New Black Panthers", and the Black churches in Durham protested, chastised, and harrassed these guys like mad.

This is the same bleeding heart, touchie-feely, Peace, Love, Dope crowd that has the unmittigated gall to chastise anyone for trying and convicting people without a trial.

I have seen the signs saying "Get a Conscience NOT a Lawyer" in Durham. Who the F@CK are these self righteous, pompous, arrogant, hypocritical, do gooder windbags to do this to people? Church ministers holding the 2006 equivalent to a public lynching of these 3 kids without so much a second thought. The Black Panthers decrying social injustice at 3 White kids raping a Black woman without seeing the evidence (occurred within 2 weeks of the event), hearing both sides of the story, and now these 3 are vindicated from all wrongdoing and these same self righteous pinhead pr!cks get to just carry on.

I do agree with what you are saying here....in a nutshell, these guys were convicted before ever going to trial. Now those crying foul look like fools, and I'm glad the guys finally can go on with their lives.

However, just to put a firehouse spin on this.....there are people on these forums doing the exact same thing. Convicting a brother before the facts are all clear, just by reading a quick news story. Case in point is the FF wearing seatbelts thread. Sometimes, people are too quick to judge.

[KEEPBACK200FEET]

I hope Nifong gets what he tried to give these guys....jail time.

[doughesson]

Where's Jesse and Al on this one ?

Ducking and covering for their judgements that they were guilty before hearing any evidence.
Is Jesse still going to foot the bill for the accuser's college education now?

[EFD840]

Folks, the system didn't fail here. What failed is that a main sworn to administer the system failed. No, that's not right. He didn't fail - he intentionally chose to exploit the accused, the community, the coach, and even the accuser to his personal benefit.

George is right, disbarrment is the least of Nifong's worries. He's going to face charges.

Finally, Al and Jesse are too busy skewering Imus. False rape accusations with race as a central facet of the case have been Ok in their book since 1987 (see Tawana Brawley).

disclaimer: I cannot stand Imus and therefore I won't miss him, but Sharpton has zero credibility on any issue of integrity.

[HotTrotter]

Where's Jesse and Al on this one ?

They are beating up Imus. By the way. What the hell is a nappy head hoe? And aren't there white girls on the team as well? For if there are black and white girls on the tema and you call them all the same thing then how can it be a racial remark? :confused:

P.S. What he said disclaimer: I cannot stand Imus and therefore I won't miss him, but Sharpton has zero credibility on any issue of integrity.

Personaly, I don't listen to any of those motor mouths. It's ike being in a one sided conversation, the talk show fool does all the talking and tells you what you need to say. I prefer to think on my own

[GeorgeWendtCFI]

Try this exercise tomorrow...

When you are going about your business, pay attention to the balcks you encounter and the white people they encoutner. This might be int he convenience store, it might be in a senior citizen complex, it might be at a structure fire or EMS call, it might be anywhere.

I did this today. Do you know what I saw? I saw people holding doors for people. I saw people smiling and talking with each other. I saw people interacting with other people and not one thought of the other person's skin color crossed their minds.

I live and work in one of the ten most affluent counties in this country. I used to ride EMS in some of the worst ghettos you could imagine. I learned two things. 1. Some of the nicest, most God-fearing, decent people you will ever meet live in the ghetto. 2. Some of the most reprehensible people you will ever meet are rich white people.

Is there racism in America? Of course there is. And it goes both ways. But for 99% of the people out there, racism is a thing of the past. But the media wants us all to believe that this country is a racial powderkeg ready to explode. It's not. And it's time they start telling the truth.

[MarcusKspn]

I agree with George (I know, shoot me :p )

I hear the complaints that people have about people of a certain color acting a certain way (I also live pretty close to the south, and racism is still a sad reality here).

But to me personaly people's behavior is not a question of color, it is a question of culture.

People grow up to behave a certain way because of many factors: Parents, TV, Music, personal observations, environment. Most racists didn't decide one day to become racist, they grew up in a racist environment and just carry on the behavior they know. And racism goes both ways: Whites can grow up "knowing" that blacks are no good, and Blacks can grow up to "know" to never trust a white man. Then there is the line between racism - prejudice - and tolerance. Most people fall probably somewhere in the middle. I am a white guy married to a black woman, and that never ever was an issue for us personaly. And while I have yet to encounter somebody openly making an issue about it to our face, there are a lot of looks, even angry looks, when we are out, holding hands, "Is this seperate or together" when we are eating, etc; by people of all colors. And while there are many valid factors about national security, economy, etc...when it comes to Imigration Reform, a very large percentage of people are motivated by race related fears and concerns.

I work in healthcare, both hospital based and EMS/Fire. I have seen the worst people I have ever met in all colors, and I have seen the best in people of all colors. Race does not make a person, the color of someones skin should not define who you are, actions speak louder than anything. We have come a long way, but we are not there yet. But I have hope.

[DaSharkie]

The whole system needs to change, maybe this time it hit close to home and something will be done.

Forgive me if I don't hold my breath for that to happen.

What is sad is that the wealthy truly do have one level of the justice system while the poor do not.

OJ could afford Johnny Cochran and Dershowitz (?Sp) but the man in Wisnton-Salem, NC released (last year) after 18 years in prison for a murder he did not commit got a state attorney.

These kids very much recognized that they are quite fortunate to have had the financial resources to fight this crap, while others did not. Their words were not just a statement. I think that they truly understand and appreciate that if mommy and daddy did not have the coin, they would have been screwed, blued, and tatooed at Raleigh's Central Prison.

And I truly hope that they do sue the pants off of the City of Durham, County of Durham, Duke University, and Mike Nifong. I would love to see the U.S. Attorney go after Nifong for a Civil Rights Trial - but that won't happen. My opinion is that it is strictly due to their race. How sad it is. The Feds are the only ones who can do it too.

Also, Nifong appologized today. Big fat dipity doo.

http://www.msnbc.msn.com/id/18079698/

What a sad man. What is worse is that my fellow County residents elected this buffoon to his office in November knowing that he screwed the pooch. And Nifong played to the Blacks in the County to win too. Durham is heavily Democratic and about 50% Black. He totally played this investigation to the race crowd.

As for Jesse, he has no credibility. And Al Sharpton has none either. Especially after trumping up his own racially charged allegation for a Black teenager against three White NYPD officers. These two miscreants do nothing for society and nothing for the advancement of the Black race - despite their self appointed positions to speak for Blacks in the U.S.

They are irrelevant, but still get attention. Can't figure it out.

[ThNozzleman]

So they aren't going to charge her with anything? Something still doesn't sit right with this whole mess, in my opinion. I really didn't keep up with it too much, though.

[ThNozzleman]

These kids very much recognized that they are quite fortunate to have had the financial resources to fight this crap, while others did not. Their words were not just a statement. I think that they truly understand and appreciate that if mommy and daddy did not have the coin, they would have been screwed, blued, and tatooed at Raleigh's Central Prison.

Now, that's a dead-on statement. I wonder how many poor black guys have been sent to prison (or worse) for "raping" a white woman?

[DaSharkie]

So they aren't going to charge her with anything? Something still doesn't sit right with this whole mess, in my opinion. I really didn't keep up with it too much, though.

There is a lot that does not sit right. But how do you charge a woman who was lilely heavily intoxicated and can't recall all the facts about a "false" charge.

Pretty sad overall.


As for a lot of Black guys going to jail for aping a white woman - too many. You and I both know that. Like I said, two different level of justice depending upon who you know and how much coin you have.

[EFD840]

So they aren't going to charge her with anything? Something still doesn't sit right with this whole mess, in my opinion. I really didn't keep up with it too much, though.

At the AG's news conference, he referred to some "records under seal" when he talked about the case and the decision not to charge her.

If you make the assumption that he's talking about mental health issues, then the decision not to go after her makes sense.

Nifong's statement wasn't an apology. It was a plea for mercy that should not be forthcoming. If he had a single shred of integrity, the statement would have included his resignation.

[HotTrotter]

At the AG's news conference, he referred to some "records under seal" when he talked about the case and the decision not to charge her.

If you make the assumption that he's talking about mental health issues, then the decision not to go after her makes sense.

Nifong's statement wasn't an apology. It was a plea for mercy that should not be forthcoming. If he had a single shred of integrity, the statement would have included his resignation.

Then I should be able to commit crimes and get away with it as well. For if you listen to some of the people on these forums they will tell you I have mental health issues as well. :eek:

[EFD840]

Then I should be able to commit crimes and get away with it as well. For if you listen to some of the people on these forums they will tell you I have mental health issues as well. :eek:

I didn't say it was right that she get away with it, but from a purely analytical standpoint it does make sense. What are you going to charge her with other than making a false report? That crime appears to be a misdemeanor in North Carolina (http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-225.html).

So you've got a misdemeanor charge and a nutso defendant with a previous unproven gang rape allegation. IF you get a conviction (doubtful at best), she won't do time beyond a few days in a county or municipal jail. It just isn't worth it. Civil remedies are, in my opinion, far more appropriate.

One more thought. Again, I don't for one second excuse what she did but in the end, she didn't cause this train wreck. Credit for the disaster this became rests squarely on Nifong. Tons of exculpatory evidence existed but he chose to ignore both the evidence and the accuser's history in order to win an election.

He could have stopped it, he should have stopped it, he chose to pour gas on it.

[allineedisu]

I think that Nifong's will be paying for this the rest of his life. From the payments from the suits to being barred.

May Imus should, or probably did say something about this last year. I wish I could remember if he did or not, but I am guessing that HE DID!!!

Any way. This guy, Nifong, jump to conclusions and wanted to make a name for him self as he was running again and wanted the media to help his re-election bid.

I never thought at these players did anything wrong to begin with.

[scfire86]

I never thought at these players did anything wrong to begin with.
People keep making the mistake of thinking that the season was suspended because of this one single incident. That wasn't the case. The lacrosse team at Duke had been in trouble several times before this because of drunken parties, fights, public drunkeness, etc. They were already on thin ice. The party with the strippers obviously exposed them to more trouble.

I won't justify the lynch mob mentality that occurred. But the players involved were hardly altar boys. Given their historical behavior they had to know they were on the bubble. They either didn't care or believed they were beyond the boundaries of good taste. Call me crazy, but if I were their coach I wouldn't want players of such poor character on my team. And while I know a lot of shenanigans goes on in college sports I wouldn't want boorish behavior representing my university if I were its president.