Duke rape charges dropped

[XtremeJibber2001]

About fuggin time. Sucks there isn't much anyone can do to Nifong ...

DURHAM, N.C. (AP) -- The district attorney dropped rape charges Friday against the three Duke University lacrosse players after the stripper who accused them changed her story again. But the men still face kidnapping and sex charges that could bring nearly 60 years in prison.

A lawyer for one of the men bitterly demanded that District Attorney Mike Nifong drop the remaining counts and accused him of offering shifting explanations of the alleged attack in an attempt to win the case at any cost.

"It's now the shifting sands again, the shifting factual theory," defense attorney Joseph Cheshire said. He added: "It is the ethical duty of a district attorney not to win a case, not to prosecute all cases, but to see that justice is done."

In dropping the rape charges, Nifong filed court papers that said the accuser told an investigator Thursday that she is no longer certain whether she was penetrated vaginally with the men's penises during the attack, as she had claimed earlier.

Nifong had previously said he could rely on the woman's account because of a lack of DNA evidence against the players.

Lacking any "scientific or other evidence independent of the victim's testimony" to corroborate that aspect of the case, Nifong wrote, "the state is unable to meet its burden of proof with respect to this offense."

Nifong did not immediately return calls seeking comment, and a sign posted on his office door read, "No media, please!"

"He has said to you his case rises and falls on the statements of the accuser," Cheshire said of the district attorney. "He gets yet again a different story from her, which disputes and goes against the other stories she has told."

The accuser, a 28-year-old student at North Carolina Central University, has said three men raped her -- vaginally, anally and orally -- while holding her against her will in a bathroom at a March 13 Duke lacrosse team party where she was hired to perform as a stripper.

The indicted players -- Dave Evans, Collin Finnerty and Reade Seligmann -- all say they are innocent. Their attorneys have consistently said no sex occurred at the party and cited the lack of DNA evidence as proof of their clients' innocence.

The men are still charged with kidnapping, for allegedly holding her against her will, and sexual offense. Under state law, a rape charge requires vaginal intercourse, while sexual offense covers any sexual act.

Rape and sexual offense carry the same possible sentence of up to 40 years in prison, while kidnapping is punishable by up to 171/2 years.

The defense has complained that the stripper has given authorities at least a dozen different versions of her story. Among other things, she has given conflicting accounts of the number of attackers -- anywhere from three to 20 -- and the ways in which she was supposedly assaulted.

Last week, it was learned that DNA testing arranged by the prosecution at a private laboratory found genetic material from several men on the stripper's underwear and body, but that none of it came from the players.

"The reality is, what else could the DA do?" said Stan Goldman, who teaches criminal law at Loyola Law School in Los Angeles. "Once the DNA evidence came out last week, I can't imagine how they could sustain a rape charge."

But Wendy Murphy, a former prosecutor who teaches at the New England School of Law, said the decision could actually help Nifong by keeping any discussion about the results of the DNA testing away from the jury.

"It may be that this is a strategic move to insulate the trial itself from a sideshow that certainly would have overwhelmed all the other evidence," Murphy said. "A sideshow about her sex life."

Even so, the changing story hurts Nifong's case on the other charges, Goldman said. "It strikes me that a case based on this particular complaining witnesses' credibility appears to be in jeopardy," he said.

Evans graduated in May, the day before he was indicted. Sophomores Finnerty and Seligmann were suspended following their April indictments.

[Dr. NO]

Still charged with kidnapping and sexual assult. This DA saw the "victim" for the first time the other day after a year. How did he get his job? Oh yeah, they VOTE for these aholes. Kids lives are ruined 'cause this jerk off wants to make a name for himself. Hope he has a good publisher because his legal carreer is about over I would say.

[XtremeJibber2001]

More Good News ...

Ethics Complaint Filed Against Prosecutor
Charges Could Force Nifong Off of Duke Case
By AARON BEARD, AP

RALEIGH, N.C. (Dec. 29) - Ethics charges filed against the prosecutor at the center of the Duke lacrosse sexual assault case might constitute a conflict of interest that forces him off the case, legal experts said.

Last week, Nifong dropped rape charges against three duke athletes. The men still face charges of kidnapping and sexual offense.

"It's hard for me to imagine how he can be effective as an advocate, with either the court or a future jury, when he has ethics charges pending against him ... concerning his conduct of this very same case," said Joseph Kennedy, a University of North Carolina law professor.

The North Carolina bar filed the ethics charges Thursday, accusing District Attorney Mike Nifong of violating four rules of professional conduct by making misleading and inflammatory comments about the athletes under suspicion.

Kennedy said Nifong should recuse himself, but added that the judge overseeing the case could also order his removal. The ethics charges carry penalties that range from admonishment to disbarment.

The bar said it opened a case against Nifong on March 30, a little more than two weeks after a 28-year-old woman hired to perform as a stripper at a lacrosse team party said she was gang-raped.

The ethics charges will be heard by the state's Disciplinary Hearing Commission, made up of lawyers and non-lawyers, at a forum similar to a trial. A date for the hearing has not been set.

Nifong did not return several calls and e-mails seeking comment. But in an October interview with The Associated Press, he said his only regret in handling the case was speaking so often to the media early in the investigation.

"Certainly what I was trying to do was to reassure the community, to encourage people with information to come forward," Nifong said. "And that was clearly not the effect."

The bar cited 41 quotations and eight paraphrased statements made to newspaper and TV reporters, saying many of them amounted to "improper commentary about the character, credibility and reputation of the accused."

Among them:

- Referring to the lacrosse players as "a bunch of hooligans."

- "I am convinced there was a rape, yes, sir."

- "One would wonder why one needs an attorney if one was not charged and had not done anything wrong."

Nifong also is charged with breaking a rule against "dishonesty, fraud, deceit and misrepresentation." The bar said that when DNA testing failed to find any evidence a lacrosse player raped the accuser, Nifong told a reporter the players might have used condoms.

According to the bar, Nifong knew that assertion was misleading, because he had received a report from an emergency room nurse in which the accuser said her attackers did not use condoms.

Last week, Nifong dropped the rape charges against the athletes after the stripper wavered in her story, saying she was no longer certain she was penetrated vaginally with a penis, as she had claimed several times before. The men still face charges of kidnapping and sexual offense.

Stan Goldman, who teaches criminal law at Loyola Law School in Los Angeles, questioned how the ethics charges will affect the case should Nifong continue as its prosecutor.

"Is this going to result in him treating the case more gingerly and deciding it's not worth pursuing, or is he going to get his back up and decide he's got to pursue this case to the end regardless?" Goldman asked.

The athletes, Reade Seligmann, Collin Finnerty and David Evans, have maintained their innocence and called the charges "fantastic lies." The case is not expected to go to trial before the spring.

[XtremeJibber2001]

All charges have been dropped as announced by CNN.

Hopefully NiFong is dis-barred

[Dr. NO]

All charges have been dropped as announced by CNN.

Hopefully NiFong is dis-barred

States Attorney filed charges for misconduct etc. so he will probably be dis-barred, and possibly serve time.

[XtremeJibber2001]

All charges have been dropped as announced by CNN.

Hopefully NiFong is dis-barred

States Attorney filed charges for misconduct etc. so he will probably be dis-barred, and possibly serve time.

Definitely a good thing.

Hmm .. where is Jesse Jackson and Al Sharpton now?

[Dr. NO]

All charges have been dropped as announced by CNN.

Hopefully NiFong is dis-barred

States Attorney filed charges for misconduct etc. so he will probably be dis-barred, and possibly serve time.

Definitely a good thing.

Hmm .. where is Jesse Jackson and Al Sharpton now?

Pickin on Don Imus for sayin HOES!

[XtremeJibber2001]

I think the last week has been a very clear indication of why racism continues to perpetuate through our society.

We have the Duke case, Don Imus fiasco, Jesse Jackson, and Al Sharpton.

These are four (of many) of the most fundamental problems of why racism continues in America.

There is no logic being applied ... especially not evenly.

Of course, this is just my opinion, but I'd wager a guess if the Duke players were black and Mr. Imus was black ... these issues would have been handled much differently.

The hypocrisy by those like Sharpton and Jackson is overwhelming.

CNN had a special last night in which they interviewed African American women at a primarily African American women's university in Atlanta.

The class was filled with approximately 30 female African American students. The CNN correspondent asked how many of them have been called "Nappy Head Hoes" and nearly half of the class raised their hands in disgust. On the flip-side, the correspondent then asked how many of these same women have called someone a "Nappy Head Hoe" ... nearly 95% of the class raised their hands.

When the correspondent asked each of them why they decry Imus if they themselves use this sort of language, they promptly beat around the bush claiming it's "different". Of course, not so ironic, each of them failed to say "It's because Imus is white".

Racism still exists in our society and it's tragic. What Imus said was wrong, he apologized, and I think a two-week suspension was more then enough. Now he's lost his TV broadcast and these same hypocritical protesters want him off the air for saying words that America has tolerated for years ... in rap music, Chris Rock, or using this language themselves.

I just ask that if someone wants to label someone as a racist or a bigot, that they take the time to look at their own behavior and that of their peers and others in their community and act appropriately.

This uneven application of disgust is what will continue to perpetuate racism in America.

edit: I don't watch Imus nor do I like his broadcast.

[XtremeJibber2001]

And with the snap of the fingers, Imus is gone, both radio and TV.

[Dr. NO]

And with the snap of the fingers, Imus is gone, both radio and TV.

They dropped him today or he is gone beginning Monday? He had his special to raise money for the kids today and tomorrow.

Only people that will lose by him getting suspended or fired will be MSNBC, WFAN and CBS. He has enough to live on for the rest of his years and he made Millions for those that carried him. He WAS MSNBC since he had the highest rated program they carried.

edit: MSNBC dropped him so there goes the morning ratings and ONLY program that was truly making money for NBC on that station.

Two points, are we so thin skinned that freedom of speach is less important than someone's feelings? Bad comment, but worth being fired over?

Another program asked these questions of several black women in an all black college. How many have been called a nappy haired ho? 50% raised their hands. How many had called someone a nappy haired ho, 90% raised their hands. When asked why Imus is being punished they stated "this is different" while skirting the race issue, which it clearly is.