Durham District Attorney Mike Nifong has given David Evans a pretty sick graduation present. An indictment for rape! But the stripper accuser said he had a mustache, which he’s never had. No mustache has been found. Also the stripper’s fake fingernail, found in the trashcan of some Duke lacrosse players’ home, has DNA consistent with 2 lacrosse players. No exact match with any of them. We know David Evans is one of the 2, but we don’t know who the other player is. We do know she picked 4 people in the rigged photo lineup. We don’t know who the 4th player she picked is. But we do know she picked a Duke lacrosse player with that 4th pick, because the DA only had pictures of lacrosse players in the lineup.
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A transcript of the photo lineup used to identify two Duke lacrosse players accused of raping and beating an exotic dancer suggests the accuser identified four possible attackers.The dancer, a 27-year-old single mother and student at North Carolina Central University, says in the transcript that she is 100 percent certain that sophomores Reade Seligmann and Collin Finnerty assaulted her, but she is not completely sure about the other two players.
Seligmann, 20, and Finnerty, 19, were indicted on April 17 and charged with first-degree rape, first-degree sexual assault and first-degree kidnapping.
At one point during the identification process, the accuser says that she recognizes one of the people in the lineup, saying he looked like one of her attackers, but “I’m not sure,” she says.
“For her to say, ‘I’m not sure,’ is very hurtful to the prosecution,” said Wake County Chief Public Defender Bryan Collins, who is not connected in any way to the rape investigation. “It doesn’t surprise me at all that (a third) person has not been charged.”
A fourth photo in the lineup also catches the alleged victim’s attention.
“He looks just like him without the mustache,” she says, going on to say that she is only 90 percent certain.
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Even the silly Hollywood movies that show a person picking from a lineup always include a bunch of people who are totally unrelated to the case. But DA Nifong is doing something beyond silly. He’s doing something that is very sad, in dragging this case out the way he has.
Rape count lodged against lacrosse captain
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So far her 100% picks have good alibis. Her 90% pick never had the mustache and who knows what will happen to the 4th person she picked.
See David Evans giving a public statement in this video.
The defense is saying they won’t accept any plea deals. And they have no reason to. It’s not like this case would still be a case at all if it was not election season.
Related post: End the Duke Lacrosse Rape Case Now!
update 5/16/2006 5:40PM: Reports are staring to come out that the DNA on the fake fingernail from the garbage was found on top of the nail. It was also mentioned last night on FoxNews.
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WILLIAMS: Jeanine, it doesn’t sound like he has anything to hide. But, on the other hand, I’m one of those people who is taking a wait and see attitude. And one of the things I want to see is something that Greta has said night after night and that is what is in those medical records and was there some kind of a date rape drug that could very well have been used that would have made her illusionary about even a moustache?PIRRO: There’s no question about that. That may be relevant. But you know what if she was penetrated orally, anally and vaginally why is the only DNA the DNA of her boyfriend? You know even if they used a condom and no one has even talked about that there would be something, hair, fiber, some kind of skin, anything. There’s nothing. This doesn’t make sense. And, the DNA on the fingernail is supposedly on top of the fingernail.
VAN SUSTEREN: And the wait and see attitude, Bernie, the thing that bothers me is that, you know, I’m all in favor of the wait and see attitude and being fair to the accuser but the wait and see attitude puts these three young men waiting for a trial until next spring, which to me is obscene to have these charges and not just for these three but anybody who has to wait around. What about that? Why not at least give them their day in court? I mean the prosecutor wouldn’t talk to him.
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Very interesting….
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May 17th, 2006 at 8:42 pm
District Attorney Mike Nifong is a disgrace to his job:
1) A responsible DA would have stated at the beginning that “there is an investigation, and we don’t have enough to make a statement right now. I’m responsible not only to the accuser, but to the accused. Please wait and let our investigators do their jobs”, but Mr. Mike “all-of-these-privileged-white-boys-are-rapists” Nifong at the beginning of the investigation he will prove the entire lacrosse team is guilty for aiding and abetting a gang rape inside a small enclosed bathroom. Nifong stirred up racial woes and put the lives of Duke and Durham at risk for gang threats and the racist groups like NAACP and the New Black Panthers. Nifong encouraged sexists groups to paste these boys pictures with hate slogans all over their school. Daily hate protests by women’s groups claiming these boys are rapists.
2) DA Mike Nifong cares nothing of guilt, innocence, or destroying innocent boys’ lives.
a. The first batch of DNA came back with conclusive for no match to any of the lacrosse boys.
b. The crime scene was completely void of any DNA evidence of any gang rape.
c. The boy’s that Nifong charged has an air-tight alibi and wasn’t at the party at the time the stripper claimed a rape occurred, and he refused to see this evidence before destroying his life.
d. The second batch of DNA came back with no conclusive match to any of the lacrosse boys.
e. DNA couldn’t rule out partial material found on top of a fake finger nail, inside a waste basket full of DNA material from the boys who lived in that house.
f. The third boy indicted went down to the police department for questioning without counsel, helped with the investigation by identifying all the other boys at the party, offered to take a lie detector test, willingly volunteered a DNA sample, and past a lie detector given by a top senior experienced FBI agent. The stripper said is 90% sure if he had his mustache, but he has never had a mustache, which makes it 0% sure. DA Mike Nifong refused to see this evidence and instead decided to destroy another innocent boy’s life.
g. The stripper’s body was completely void of any sign of a sexual assault (except for signs of recent vaginal and anal from her boyfriend). The alleged crime scene was completely devoid of DNA. It is impossible that a crime scene with three drunk men in a small enclosed room with a fighting and clawing woman being orally, virginally, and anally penetrated not leave any DNA evidence of urine, blood, vaginal fluid, sweat, fecal matter, scat smears, saliva, tears, or semen… especially if condoms were used. How would they take off the condoms during all this chaos without spilling, smearing, or touching the content inside or outside of the condom?
3) Investigator Mark Furman reviewed the lie detector test completed by the FBI on the 3rd boy unfairly indicted for a rape that never occurred. Mr. Furman stated that the boy not only passed the lie detector test, he passed with flying colors, but even without the test, this boy’s resume of helping the police with the investigation is impeccable.
4) DA Mike Nifong stated that all of these boys are hiding the truth and covering up for one anther. Nifong claims the boys are “stone walling”, but when the accusation was made, the police questioned the three boys who lived in the house for over six hours, not one asked for a lawyer. When the entire team was told they had to submit DNA samples, they didn’t call their parents or fight the warrant. The boys cooperated completely. These aren’t the actions of guilty boys. Only when their parents witnessed the circus-like atmosphere created by District Attorney Mike Nifong, the boys were advised to remain quiet.
5) DA Mike Nifong gave the second stripper a deal to change her story to support the false accusation of rape, and he wouldn’t revoke her probation from a previous conviction of embezzling $25,000 from her empolyer.
Mike Nifong got re elected by pandering to black voters more interested in convicting white boys than guilt or innocence.
May 17th, 2006 at 10:00 pm
Nifong was only considering a good story to win re-election. Considering the information from those accused did not fit his plan.
And isn’t it interesting how everybody with an old charge that favors the defense is having that charge brought up again by the DA, while the 2nd stripper (Kim Roberts) did not have hers brought up again? When the cab driver was picked up for an old lame charge, the police asked him if he knew anything more about the case. Nifong has no case and is simply trying to force someone to give him what is not there.
May 18th, 2006 at 12:16 am
I Wonder if Jesse Jackson Gets a Referral Fee?
The parents of the accuser in the Duke lacrosse rape case have been talking with high powered civil lawsuit attorney Willie Gary. At the suggestion of none other than Jesse Jackson!
Accuser’s Mother Meets With Famed Attorney
Civil-rights l…
May 18th, 2006 at 9:18 pm
Lawyers are waiting in the shadows for lucrative civil suit
A man stands in the shadows of the Duke Lacrosse ‘rape’ case…watching and waiting. While the three wealthy, white male students remains in criminal court, he is not likely to step forward.
Even at this early stage, the stripper’s mother is “very much interested” in “getting Willie E. Gary is a litigator renowned for winning huge settlements.
The stripper’s parents met with Gary in April. The meeting was facilitated by civil rights activist Rev. Jesse Jackson.
Gary acts as a family adviser, and the parents are laying groundwork to make a civil bid. Public opinion can be a large bargaining chip in obtaining a lucrative settlement. Earlier, the parents spoke freely; now they’re being more media savvy.
Essence Magazine featured three articles by Kristal Brent Zook. Each is sympathetic to the accuser. (1st) “Family Defends Daughter’s Painful Past”, (2nd) “Nowhere to Turn,” depicts the accuser as living in terror. (3rd) is basically an announcement of Willie Gary’s appearance in the case; it concludes by stating that the parents “worry that their daughter may…need additional legal guidance.”
Civil law deals in torts or harms inflicted by one person upon another; its purposes are compensation for actual or perceived damages.
A “guilty” verdict in criminal court can be used to establish liability in a civil one but if the verdict is “not guilty” or the charges are dropped, a civil case can proceed independently.
Kobe Bryant settled out-of-court settlement. Such settlements are not necessarily admissions of guilt. After months of media blitz, Bryant may have been embarrassed to settle, so civil suits could be lucrative even if the “accuser’s” claim is completely fabricated. The Duke students will face the same choice?
Civil suits can be lucrative, and they’re easier to win; standards of evidence and other legal protections enjoyed by a defendant are significantly lowered in civil court.
Clearly, her parents wish to explore a civil proceeding. Gary is conspicuously available.
May 22nd, 2006 at 9:50 pm
Comparing LAX case to that of Scottsboro Nine
I am a college instructor who teaches criminal justice and a criminal defense attorney. In my entire career I have never seen such a bizarre and unfair case as the one against three Duke lacrosse players.
I teach a class about a similar case in American history, the Scottsboro Nine. In March 1931, a group of nine black teen-agers was charged with rape on incredibly flimsy evidence in Scottsboro, Ala. The nine were originally charged with the rape of two white women. Even after one woman testified that she lied about the rape, the nine teens continued to face rape charges and the threat of death by execution.
In the Scottsboro case, the two women were part-time prostitutes, but that didn’t matter, nor did it matter that at least one of the boys was known to be physically unable to have sex, and two of the boys were only 13. Like Durham, the real issue was race.
In Scottsboro, nine young men were wrongly charged and condemned because they were black, and today the Duke lacrosse players have, in my opinion, been wrongly charged and condemned because they are white and the alleged victim is black.
The one constant with respect to the two cases is racism. I often ask my students if it possible for blacks to discriminate against whites in the same type of mindless ignorance as the KKK or the way the mob went after the Scottsboro Nine. The answer I receive is yes, and my students point to Durham as proof.
JOSEPH R. GUTHEINZ JR
Houston
May 20, 2006
May 24th, 2006 at 4:13 pm
Duke Lacrosse Rape Accuser Mentioned No Condoms Were Used
It seems the defense keeps finding more to support their side of things, with each new piece of information they get. Now from that stack of 1,300 papers, they have discovered that the stripper accuser mentioned no condoms were used. No condoms and…
The stripper’s body was completely void of any sign of a sexual assault (except for signs of recent vaginal and anal from her boyfriend). The alleged crime scene was completely devoid of DNA.
It is impossible that a crime scene with three drunk men in a small enclosed room with a fighting and clawing woman being orally, virginally, and anally penetrated not leave any DNA evidence of urine, blood, vaginal fluid, sweat, fecal matter, scat smears, saliva, tears, or semen… especially if condoms were used. How would they take off the condoms during all this chaos without spilling, smearing, or touching the content inside or outside of the condom?
When investigators questioned the stripper after DNA tests on the semen found inside her vagina and rectum didn’t match any of the Duke players, the stripper admitted to having had sex with at least three men around the time of the alleged rape. The stripper named her boyfriend and two men who drove her to Duke.
When questioned, the “drivers” said they would drop her off at several places, including hotel rooms.
It appears that the stripper has sex with men for rides to her strip shows…Nasty!