Railroaded
All charges against the three indicted Duke players have been dropped, North Carolina Attorney General Roy Cooper announced today at a press conference.
A team of attorneys for the newly exonerated players held a press conference shortly after the attorney general announced that the case was officially over. The families of the three young men were on hand, as were members of the Duke lacrosse team and their supporters. All three players have maintained their innocence since the allegations emerged last year.
Evans, who has already graduated from Duke and vowed shortly after his indictment to disprove the accuser’s “fantastic lies,” spoke was the first of the three to speak.
“It’s been 395 days since this nightmare began and finally, today it’s come to a closure,” Evans said. “Nothing has changed, the facts don’t change and we have never wavered in our stories.”
Under special prosecutors Jim Coman and Mary Winstead, the state examined the evidence from scratch, interviewing key witnesses in an explosive case that combined sensitive issues of race and class.
“The result is that these cases are over and no more criminal proceedings will occur,” Cooper said, calling the original prosecution a “rush to judgment” and describing Nifong as driven by “bravado.”
“We have no credible evidence that an attack occurred in that house on that night,” he said.
Interesting overview of the accuser’s life here. This was not the first time she accused men of group rape only to have the charges dropped.
Overdue.
Let the fun begin. I hope the city of Durham has a good lawyer because they are about to get their asses sued off..
Lacrosse is Hockey’s gay spinoff.
tip of a prosecutorial misconduct iceberg. lots of defendants without money and the media on their side get the same sort of shaft and we never hear about it.
yeah, this case was complete BS from the beginning. It was OBVIOUS to anyone that looked at the facts that there was no real “case” to begin with.
Time for these upstanding young gentlemen to sue the hell out of Durham NC, for all that they’re worth!
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All charges dropped. So why does the media continue to protect the girl that made the false charges? They only refer to her as “the accuser.” Now that the charges are dropped, it’s time to reveal her identity. Heaven knows the media wasn’t shy about naming and showing photos of the Duke players all along, even before the charges had any credibility.
“Let the fun begin. I hope the city of Durham has a good lawyer because they are about to get their asses sued off..”
Exactly! Every government agency involved should be sued for MILLIONS in order to strongly discourage future injustices like this one. Excellent pro bono lawyers are probably coming out of the woodwork for the students.
I am waiting for Rev. Jesse Jackson and Rev. Al Sharpton to issue apologies now judging without the facts…
Why did this make headlines to begin with? Probably because the left is eager to show white kids raping a black girl, especially in the South, and rich white kids no less. Why the charges just had to be true.
I am waiting for Rev. Jesse Jackson and Rev. Al Sharpton to issue apologies now judging without the facts…
Yeah, just like Tawana Brawly. Jackson and Sharpton are just a racist as any KKK member.
So much fodder. Good points all. Especially #9, ethanol. I’d completely forgotten that Rev. Jesse rushed to the aid of this poor stricken soul!
To stoke the fire:
What about the coach who lost his job over this? What about the gross amount of taxpayers’ money spent building this non-case? I heard the prosecutor may get disbarred over this, but there’s a lot of restitution due in terms of money and reputation that will never be paid.
I don’t know that it’s really fair to keep taking potshots at the players – they’re clearly not choir boys, but they didn’t do anything illegal; and if not for one miguided stripper and one overzealous prosecutor, most people (including myself) would not be able to answer the question, “Does Duke have a men’s lacrosse team?” with any confidence. These guys have paid way more than their due for being somewhat seedy individuals.
[Quote] Yeah, just like Tawana Brawly. Jackson and Sharpton are just a racist as any KKK member. [/quote}
I would have to go on a limb and say yes.
Hopefully for the last time, we do not know that the lacrosse players did not rape or otherwise abuse the alleged victim. What we do know is that the defense succeeded in preventing the case from going to tiral via intimidation. I will always wonder why the defense was so determined the evidence not be heard by a jury. (Could it be because that jury likely would not have been all white and therefore not eager to dismiss the victim as less than a human being?) I will continue to suspect that the alleged victim was indeed raped or otherwise sexually abused.
Perhaps the next alleged victim of one or more of these men will be white. Then, at least the case will go to trial.
14. “Hopefully for the last time, we do not know that the lacrosse players did not rape or otherwise abuse the alleged victim.”
We do however know there is no credible evidence of any rape. That’s a fact.
“I will always wonder why the defense was so determined the evidence not be heard by a jury.”
Um, gee, maybe it was because there was no evidence and they are innocent? To quote from the article you didn’t bother to read:
“We have no credible evidence that an attack occurred in that house on that night.”
Let’s face it, there was absolutely no physical evidence of any attack or rape. The sole evidence it occurred was the victim’s self serving and constantly changing story. Thankfully under the laws of the US that’s not sufficient. Maybe you want to live in a world where anyone accused of a crime should automatically be found guilty without any evidence. And if that’s the case, you’re always free to move somewhere else.
Time for these upstanding young gentlemen to sue the hell out of Durham NC, for all that they’re worth!
For what?
The City did nothing wrong. A woman made a complaint, the police investigated and passed the case to the prosecutor.
Prosecutors are immune from civil liability. Regardless of how severe the misconduct, the prosecutor can’t be sued.
The Judicial system did everything it should have. The accused were granted bail, the wheels of justice turned, Court dates set.
Guess what people. This happens all the time. Usually after being jailed for more time then they would be sentenced for, innocent kids end up pleading guilty. The system is a machine that eats anyone who can’t afford a high priced lawyer. Sure, get mad at Nifong, but save your greatest anger for those who assume someone is guilty as soon as they are arrested. Too many people still believe cops never make mistakes.
#14. “I will always wonder why the defense was so determined the evidence not be heard by a jury.”
Because getting the charges dismissed is a guaranteed win and god only knows what goes on in a jury room. On the other side of the coin, prosecutors almost always prefer a guilty plea to a trial. They don’t want to take risks, either.
If you were innocent, would you rather have something like this just go away, or gamble with your life?
No way was this a case of intimidation. Proscutors hold all the cards. Even the best-financed defense does not have the resources of a government at its disposal. The alleged victim could not keep her story straight, and the AG knew that she would not convince a jury.
Sorry, Mr. Fusion, I believe you are wrong. Any person making “a complaint”, without credible evidence to indict, should not result in ruining the lives of people. Prosecutors should make reasonable determination and research of the facts and go to a grand jury for an indictment is warranted.
To make an extreme example, I should not be able to say that Mr. Fusion is responsible for the genocide in Darfur, at which point you would be arrested, thrown out of your job, held for bail, etc. Jeez, one of the guys proved he was at an ATM machine at the time of the alleged incident. That may very well be more proof than you can show that you didn’t incite the genocide.
From looking at the FACTS of this case, there was no case, no evidence, nothing, to destroy these kids lives. People thought these kids were guilty because the prosecutor basically came out and said they were, EVEN THOUGH HE SHOULD HAVE KNOWN BY ANY PROFESSIONAL STANDARDS that there was no proof.
If the government can get off for this kind of misconduct, then the laws need to be changed. As they say, I’d rather see 10 criminals go free than have 1 innocent person be wronged.
I second the question, “Why was this news to begin with?” Sadly rapes happen every hour of every day. It would be nice if more of those situations where there is no doubt that a crime has been committed were to recieve national attention.
#17. From my recollection of some of the prosecutorial shenanigans in this case, I would be less than confident that the prosecutor is off the hook, legally speaking.
Ethics boards are notoriously lenient on prosecutors. The fact that the complaint against him has gotten this far strongly suggests that there may be fire under that smoke. Whether that translates into civil liability is another question. As you note, prosecutors have wide immunity from suit for things that fall within their prosecutorial function. AFAIK, however, when they are investigating a case, they are as liable as cops are for any hocus-pocus.
And I would not say there was no proof that this happened as Lou does in #19 – the woman claimed it did, and the serious problems with her credibility did not come along until later. Nifong’s problem was that he tried to overcompensate for a weak case, as often happens. That’s how police and prosecutorial misconduct winds up convicting the innocent – they know they don’t have much, but instead of wondering if the guy is innocent, they decide to bolster their case.
Which one of those guys is Duke Lacrosse?
#16 – jr
“#2, #8: “Let the fun begin. I hope the city of Durham has a good lawyer because they are about to get their asses sued off..”
Obviously, they do not…”
Sorry, jr, you’re mistaken. Nifong is the Durham County District Attorney – DAs prosecute criminal charges on behalf of the state. The County Attorney, Chuck Kitchen, will be the guy to defend the county in the forthcoming civil actions.
#17 – Mr ConFusion
Don’t you ever get tired of being wrong?
“Time for these upstanding young gentlemen to sue the hell out of Durham NC, for all that they’re worth!
For what?”
For violating their civil rights, that’s what for.
“The City did nothing wrong.”
You’re technically correct; the City of Durham not only did nothing wrong, they did nothing at all. Durham County, however, by the unlawful actions of an county official, acting in his official capacity, violated their rights. The county, and Nifong, can be, and will be, sued in Federal court.
“A woman made a complaint, the police investigated and passed the case to the prosecutor.”
At this point, being totally clueless as to what a DA’s duties and responsibilities are, you omit the part where the DA investigates and assesses the case, examines the backgrounds and credibility of the accuser(s) and the defendant(s), and determines if there is any worthwhile evidence to give probable cause to believe an offense was committed and that the accused committed it.
And those things were not done / done improperly.
DAs are specifically directed and obliged to not prosecute innocent persons. All the evidence clearly indicated there was no case and that the accuser was not remotely credible.
Only race-baiting PC suckers and demagogues like you, podesta – and Nifong (and of course, Al Sharpton and Jesse Jackson), who can’t wait to lynch white people on nothing but a bogus accusation – were either gullible and / or unethical enough to believe the accuser – for no reason except she’s black and therefore can’t possibly be lying – and disbelieve the tons of evidence supporting the accuseds – for no reason except your knee-jerk PC racist belief that whites are always the wrongdoers.
“Prosecutors are immune from civil liability. Regardless of how severe the misconduct, the prosecutor can’t be sued.”
For someone who knows so little about law, you sure speak with conviction and certainty. Why don’t you head over to North Carolina and tell those dimwits of the Bar Association what you’ve told us? I’m sure they’ll be grateful for you setting them straight.
Nightline covers this tonight. Get your head out of your ass long enough to watch it and you might even learn something.
Also, the amended complaint against ConFusion’s hero, Nifong, can be found here. Read it and weep.
The accuser had some gullible supporters. They had a Website. They pulled the plug on it – because even they finally realized they had been ‘Tawana Brawleyed’.
You won’t learn a fucking thing from any of this, though. The beauty of being an ideologue, whether an evolution-denier, a Holocaust-denier or a race-denier, is “knowing”, despite a Niagara of proof to the contrary, that you’re still right.
I am waiting for Rev. Jesse Jackson and Rev. Al Sharpton to issue apologies…
Something about Hell Freezing Over….
Funny how they aren’t racist, but anyone who they choose to attack is. Funny how they are righteous, in spite of extramarital affairs and backroom payoffs. Funny how they always seem to find the “hot issue” when it’s newsworthy but never complete the circle when they are proved wrong.
By the way, why aren’t they going after the HipHop “artists” who daily denegrate black women as racist, instead of Imus who screws up once? I forgot, if your’e black, you get a free pass according to their view of the world. Hypocrites.
#24 100% correct!
True Jesse story….
I live in a place where on one side of the river is a 95% white, 70% upper middle class town, home to a major appliance maker. Great schools, best music program in the state.
Other side of the river (there really is a river diving the two) is 85% black, very poorly educated population overall, lots of the typical trouble that comes with that socio-economic situation. Awful town with bad politics and bad “religious” leaders.
Jesse rides into town to balance the score. See, it’s the fault of the state and the larger community that the black kids are doing so poorly. He held marches and all sorts of stuff. Then he was planning a big public meeting to discuss the inequality of the two schools and their funding. Unfortunately (for the rest of us) the superintendents of the two school took Jesse aside beforehand to let him know that, gee, the “bad” school gets significantly more state and local money than the “good” school.
Jesse left town and has never come back. And he only lives a couple hours from here. Apparently he has no interest in helping this town deal with its real issues.
#26, Olo: Benton Harbor?
26. Good Story if true Olo.
First they are innocent . We know they are innocent because they have not been proven guilty.
OK Podesta, I think you raped her. How would you like to stand trial for it even if you knew you didn’t do it?
And even if they did do it the misconduct by the prosecutor would end up with them being acquitted.
#26 Olo Baggins of Bywater
You live in St louis. Ding Ding Ding
How much do I win?
Benton Harbor, MI.
That story about Jesse is absolutely true.