to any lawyers out there: is this par for the course? not talking to your only witness? i mean, i thought this Nifong's credibility was already zero, but for me it looks about to go negative.
Prosecutor Yet to Interview Rape Accuser Oct 27 2:56 PM US/Eastern
By AARON BEARD Associated Press Writer
DURHAM, N.C.
The district attorney prosecuting three Duke lacrosse players accused of raping a woman at a team party said during a court hearing Friday that he still hasn't interviewed the accuser about the facts of the case. "I've had conversations with (the accuser) about how she's doing. I've had conversations with (the accuser) about her seeing her kids," Mike Nifong said. "I haven't talked with her about the facts of that night. ... We're not at that stage yet."
Nifong made the statement in response to a defense request for any statements the woman has made about the case.
"I understand the answer may not be the answer they want but it's the true answer. That's all I can give them," the prosecutor said after the hourlong hearing.
Defense lawyers said outside court that they found Nifong's statement surprising.
"One of the most interesting things to me of course is Mr. Nifong did admit that he in fact has basically never talked to this woman and has absolutely no idea what her story is, and yet he has chosen to continue to go forward with this case," defense lawyer Joseph Cheshire said.
Nifong said none of his assistants have discussed the case with the woman either and only have spoken with her to monitor her well-being. They have left the investigation of the case to police, he said.
Attorneys for indicted player Dave Evans wrote in a letter to Nifong earlier this month that they believed he had talked with the accuser based on a court motion in which Nifong stated the woman told him she had not taken the drug Ecstasy on the night of the March 13 team party for which she was hired to perform as a stripper.
In response to a claim by a lawyer for an unindicted player, Nifong said he called the accuser to ask her whether she had used the drug.
"She said, 'I've never taken Ecstasy,'" Nifong said. "That was the extent of the conversation because that's all I had to know."
Nifong said he met with the accuser and an investigator on April 11, but didn't discuss details of the case because the woman was "too traumatized." Nifong said the woman didn't make eye contact with him and often seemed on the verge of crying. Their discussion centered around how the case would develop, he said.
"She probably did not speak 15 words during the meeting," Nifong said.
Evans, 23, of Bethesda, Md., was charged in May with rape, kidnapping and sexual offense. A month earlier, a grand jury indicted players Reade Seligmann, 20, of Essex Fells, N.J., and Collin Finnerty, 20, of Garden City, N.Y., on the same charges. The accuser, a student at nearby North Carolina Central University, told police she was raped in a bathroom by three men at the off-campus party.
The players' lawyers have strongly proclaimed their innocence.
Last edited by RugbyD on Fri Dec 22, 2006 1:50 pm, edited 1 time in total.
I'm not a lawyer but that's appalling. I've believed the Duke kids since day 1. The DA's behavior through all of this has been horrifying. There is absolutely zero evidence that an assault happened. NO DNA evidence. NO physical evidence. NO eyewitness accounts. In fact, there is physical evidence that a rape DIDN'T occur. It's disturbing to me that he continues to press the issue when he clearly has no case. It will be interesting to see what happens though. My parents think that the main reason he keeps pusing this is the unfortunate race relations in Durham, his constituency, which have reared their ugly head since the day this news story broke. It's unfortunate but with the way he has behaved maybe he thinks he needs to work the race issue. I hate bringing it up but in a city as racially divided as Durham is, ignoring the race issue is, well, ignorant. Ultimately, I would be stunned if the trial actually happened in Durham. The people there are too prejudiced in one direction or the other and there's probably so much speculation regarding this case taking place there on a daily basis that it would be impossible to get a fair trial. I bet it happens elsewhere in North Carolina.
Equally bad, though, is the New York Times' treatment of the case. Since the day it broke they have acted as though the Lacrosse players had already been convicted and refused to even present their side of the case fairly. I wish I had a link to this article I read which summarized the Times's gross mischaracterization of events and poor journalistic handling of the case but you'll have to trust me on that one. The New York Times has taken the US tenet of "innocent until proven guilty" and thrown it out the window along with any semblence of fair journalism in their treatment of this case. Frankly, after reading that summary, I was absolutly disgusted with the NYT.
I wish this case would go away. It is tarnishing a good school's name and throwing 3 young men, who by all accounts are good people, to the wolves and doing so in a wholly unfair manner.
Leyland said, "We thought we were getting a hell of a player, but Neifi simply did not perform well."
tal1286 wrote:It is tarnishing a good school's name and throwing 3 young men, who by all accounts are good people, to the wolves and doing so in a wholly unfair manner.
Wait, good school? We are talking about Duke right?
Despite hating Duke, you're completely right. This is a joke. A terrible, terrible joke.
Accuser in Duke lacrosse case wanted money, man says
Joseph Neff, Benjamin Niolet and Anne Blythe, Staff Writers DURHAM - Four days after she said she was raped, the accuser in the Duke lacrosse case told co-workers at a Hillsborough strip club that she was going to get money from some boys at a Duke party who hadn't paid her, the club's former security manager said. "She basically said, 'I'm going to get paid by the white boys,' " H.P. Thomas, the former security manager at the Platinum Club, said in an interview Friday. "I said, 'Whatever,' because no one takes her seriously."
On March 14, the woman said she was assaulted and raped by three men at a lacrosse team party that began late on the night of March 13. Three players -- David Evans, 23, of Bethesda, Md.; Collin Finnerty, 20, of Garden City, N.Y.; and Reade Seligmann, 20, of Essex Fells N.J. -- have been charged with rape, sexual assault and kidnapping. All three have declared their innocence and called the accusations lies.
Durham District Attorney Mike Nifong declined to comment on Thomas' recollections. Thomas said he had not previously come forward on the advice of lawyers.
Nifong has said in court that nearly a month after the party, the woman was in his office and appeared too traumatized to talk about what had happened to her. Nifong said that throughout the April 11 meeting with Nifong and police investigators, the woman seemed near tears and had trouble making eye contact.
But less than a week after the party, Thomas said, the woman seemed fine, and weeks later, he realized a friend of his had a video of her dancing at the club in the early hours of March 26.
The accuser never gave any indication that the party was a bad time, let alone that she was assaulted or raped, Thomas said.
"She was as regular as pie," Thomas said. "She didn't do anything different."
The News & Observer generally does not identify the complainants in sexual assault cases. The woman could not be located for comment Friday.
On March 17, the woman showed Thomas a hospital bracelet and paperwork. While she talked about being owed money, the accuser never gave any word or indication of being hurt, he said.
"The other girls would have known if something had happened," Thomas said. "If another dancer had been beat up or raped by a bunch of white boys, there would have been a ruckus."
Records show she had been seen at Duke and UNC Hospitals on March 14 and 15.
Thomas said dancers must sign in when they take guests into the club's VIP room. He said those sheets show that the woman had signed in March 17 and 18. He said she also danced the following weekend.
The club's owner, Victor Olatoye, said the club's records show the woman was dancing at the club March 23, 24, 25 and into the early hours of March 26. Olatoye has no record of her working the previous weekend.
Olatoye said he had given a sworn statement to an investigator in Nifong's office last month initially saying that he had not seen the woman since February.
That night at the club, Olatoye checked his records and called the investigator back to change his sworn statement.
Olatoye said he has not seen the woman since March.
Thomas said he worked as security manager at the club from January through April. He said he had little to gain by coming forward because of a pending cocaine possession charge.
I am not advocating rape, but I hate how the man is always assumed to be guilty in the public eye. Even if this case is dropped or they are found innocent, they will always carry that stigma around with them. It's a shame.
The scary thing is I know how often I drink around women and the things that can easily be construed(sp?) while drinking.
For example, I know this girl, she has major issues. She got really drunk and this guy she works with took her home. They went to the party together, so he wasn't just some random dude she worked with. Anyways, they ended up having sex, but the three nights later she started accusing him of raping her. She called me and was like, "I was raped". I immediately was concerned and told her to go to the hospital and get a checkup and file charges. As time went on and the conversation expanded, things started to not add up. I asked her if she ever said no and she said she hadn't.
I asked her why she thought she was raped then and she told me she didn't want to have sex with him, but she just didn't say no. How is a guy supposed to know? This means anyone can have sex then automatically cry rape, it's not fair to the guys. If this were considered rape then the women hold all the cards, which is a scary thought.
You have no frame of reference, Donny. You're like a child who walks into the middle of a movie...
Phatferd wrote:I am not advocating rape, but I hate how the man is always assumed to be guilty in the public eye. Even if this case is dropped or they are found innocent, they will always carry that stigma around with them. It's a shame.
The scary thing is I know how often I drink around women and the things that can easily be construed(sp?) while drinking.
For example, I know this girl, she has major issues. She got really drunk and this guy she works with took her home. They went to the party together, so he wasn't just some random dude she worked with. Anyways, they ended up having sex, but the three nights later she started accusing him of raping her. She called me and was like, "I was raped". I immediately was concerned and told her to go to the hospital and get a checkup and file charges. As time went on and the conversation expanded, things started to not add up. I asked her if she ever said no and she said she hadn't.
I asked her why she thought she was raped then and she told me she didn't want to have sex with him, but she just didn't say no. How is a guy supposed to know? This means anyone can have sex then automatically cry rape, it's not fair to the guys. If this were considered rape then the women hold all the cards, which is a scary thought.
You should always videotape the chicks you sleep with for this reason. And if there hot you should send a video tape to acsguitar.
j/k
I agree though. it sucks some chicks are messed up and think that because after words they feel guilty that that is rape. Totally not true.
Rape Charges Dropped in Duke Case Dec 22 12:28 PM US/Eastern
By AARON BEARD Associated Press Writer
DURHAM, N.C.
Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a stripper at a team party, a defense attorney said. Joseph Cheshire, an attorney for one of the three players, said charges of kidnapping and sexual offense remain in place.
District Attorney Mike Nifong did not immediately return calls seeking comment
This is coming after it has been revealed that Nifong withheld exculpatory evidence from the defense (a big no-no). Namely, DNA of 5 men, none of who were the players, was found in/on the hobag.
Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a stripper at a team party, but the three still face kidnapping and sexual offense charges, a defense attorney said.
All charges were not dropped. Now the accuser says she isn't sure if there was penetration.
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by RugbyD » Fri Oct 27, 2006 4:42 pm 
